USER RESPONSIBILITY FOR ACCOUNT INFORMATION
CONTENT OF VCWIZ
By posting or submitting Content on or to VCWiz (regardless of the form or medium with respect to such Content), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such Content on VCWiz, modify and create derivative works of such Content, store such Content, and distribute such Content. You are solely responsible for your own submissions and the consequences of posting or publishing them. We reserve the right, without prior notice, to edit, remove or not publish Content submitted by you.
You may not use or reproduce or allow anyone to use or reproduce any trademarks (including the “Dorm Room Fund” name and logo, and other trade names found within the Content) for any reason without written permission from Dorm Room Fund or the identified owner.
Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2) (the “DMCA“), Dorm Room Fund’s designated agent for notice of alleged copyright infringement in connection with VCWiz is: Dorm Room Fund Management, LLC; 4040 Locust Street; Philadelphia, PA 19104; Attention: Chief Financial Officer; (856) 671-1038; email@example.com. To file a notice of infringement with Dorm Room Fund, the requirements specified in Title II of the DMCA must be fulfilled. The text of this statute can be found at the U.S. Copyright Office web site, located at http://www.copyright.gov. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Dorm Room Fund a counter-notice. Please consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
CONDUCT; USE OF CONTENT; YOUR CONTENT
The Content should not be construed as legal, accounting or other professional advice on any subject matter. Dorm Room Fund is not engaged in rendering legal, accounting or other professional services, and availability or use of Content and VCWiz is not intended to create, and does not create, any attorney-client, accountant-client or other professional services relationship. Use of the Content is not an adequate substitute for obtaining legal, accounting or other professional advice from a qualified and licensed (if applicable) provider in your jurisdiction. You agree you will not act or refrain from acting based on any of the Content without first seeking the services of a qualified professional. VCWiz may not be used for the offer or sale of securities.
You own Your Content. Dorm Room Fund does not claim any ownership rights in Your Content. After posting Your Content, subject to the licenses granted herein, you continue to retain any ownership rights you have in and to Your Content, and you continue to have the right to use and license Your Content.
You hereby grant Dorm Room Fund a perpetual, nonexclusive, worldwide, royalty-free and transferable right and license to: (a) use, access, store, cache, and privately display to Users of VCWiz (and any similar service or successor thereto): (i) for the purpose of operating and making Your Content available to third parties; and (ii) for our internal business purposes; and (b) disclose metrics and analytics regarding Content for marketing and other business purposes.
You should be aware that Dorm Room Fund is not required to back-up, and may not keep back-up copies of, Your Content. Dorm Room Fund makes no guarantee that Your Content will be stored and you should independently back-up and archive Your Content.
You understand that, by submitting Your Content, you represent, acknowledge, agree, affirm, represent, and/or warrant that:
You are solely responsible for the contents of Your Content. You agree you will not:
Dorm Room Fund neither endorses nor is responsible for any Content submitted by any User, or for any opinion, advice, recommendation, information or other statement made or displayed therein or otherwise posted on VCWiz by third parties. Dorm Room Fund expressly disclaims any and all liability in connection with any Content. The opinions expressed in any Content submitted by any User reflect solely the opinions of the User submitting such Content and do not reflect the opinions or views of Dorm Room Fund. You should not rely on Content in making (or refraining from making) any specific investment, business or other decisions.
TERM AND TERMINATION
CHANGES TO THE SITES
Dorm Room Fund reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Content available on VCWiz at any time. Dorm Room Fund reserves the right to add to or change VCWiz or cease offering VCWiz at any time and without liability.
International Use: Although VCWiz may be accessible worldwide, we make no representation that VCWiz or its Content are appropriate or available for use in locations outside the United States, and accessing VCWiz from territories where its contents are illegal is prohibited. If you choose to access VCWiz from international locations, you do so at your own risk and are responsible for compliance with applicable local laws.
No Warranty: DORM ROOM FUND MAKES NO WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE CONTENT OR VCWIZ, WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR USE OF VCWIZ IS AT YOUR OWN RISK, AND YOU, AND NOT DORM ROOM FUND, ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF VCWIZ. DORM ROOM FUND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DORM ROOM FUND DOES NOT GUARANTEE THE ACCURACY, RELIABILITY OR TIMELINESS OF THE CONTENT OR VCWIZ, THAT THE FUNCTIONS OR CONTENT CONTAINED IN VCWIZ WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VCWIZ AND CONTENT ARE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES. DORM ROOM FUND MAKES NO WARRANTIES THAT YOUR USE OF VCWIZ AND CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY DORM ROOM FUND OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE OR EXPAND ANY WARRANTY.
Limitation & Disclaimer of Liability: YOU ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN ONLINE COMMUNICATIONS AND ASSOCIATED TECHNOLOGY. YOU AGREE THAT DORM ROOM FUND WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY: (a) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO VCWIZ; (b) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (c) LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS WITHIN THE CONTENT; (d) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF VCWIZ, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (e) DECISIONS MADE OR ACTIONS TAKEN BY YOU, YOUR COMPANY, OR A THIRD PARTY IN RELIANCE ON VCWIZ OR THE CONTENT; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
YOU AGREE THAT IF YOU SUFFER ANY INJURY ARISING OUT OF ANY CONTENT SUBMITTED BY ANY THIRD PARTY, YOU WILL SEEK RELIEF DIRECTLY FROM SUCH THIRD PARTY AND THAT DORM ROOM FUND’S RESPONSIBILITY SHALL BE LIMITED TO REMOVING ANY INJURIOUS POSTING OR PORTION THEREOF FROM VCWIZ UPON NOTICE FROM AN INJURED PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DORM ROOM FUND, ITS AFFILIATES, LICENSEES, REPRESENTATIVES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON VCWIZ OR THE CONTENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DORM ROOM FUND HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE.
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN DORM ROOM FUND AND YOU. NEITHER VCWIZ NOR THE CONTENT WOULD BE PROVIDED ABSENT SUCH LIMITATIONS.
Force Majeure: Dorm Room Fund, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content or VCWiz resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, fire, flood or other natural disasters, strikes or other labor problems, wars, civil unrest, acts of terrorism or governmental restrictions.
Third Party Content and Other Web Sites: Content may contain third party content or have links to other websites which may or may not be operated by Dorm Room Fund. Dorm Room Fund has not reviewed all of the web sites that are linked to VCWiz, and Dorm Room Fund has no control over such sites. Your correspondence or business dealings with third parties found on or through VCWiz, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Dorm Room Fund shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Notices: Notices to Dorm Room Fund must be given in writing and sent to Dorm Room Fund at the following address: Dorm Room Fund Management, LLC; 4040 Locust Street; Philadelphia, PA 19104; Attention: Legal. Notices to you may be sent to the e-mail address supplied for your account or we may broadcast notices or messages through VCWiz to inform you of changes to VCWiz or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication will be deemed delivered to the party receiving such communication on the date of delivery.
Relationship Between the Parties: There is no agency, partnership, joint venture, or employee-employer relationship between any User and Dorm Room Fund arising solely through the access or use of VCWiz or Content.
Export Controls: You shall comply with all export laws and restrictions and regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States or foreign agency or authority, and not export or re-export Content in violation of any such restrictions, laws, or regulations. By downloading or using the Content, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
(Updated: January 10, 2018)