VCWIZ TERMS OF USE

Please read through these Terms of Use (“Terms of Use”) carefully. By accessing the VCWiz platform (the “VCWiz”) owned and operated by Dorm Room Fund Management, LLC (“Dorm Room Fund” or “we”/”us”/”our”) by invitation from Dorm Room Fund, or by otherwise accessing Content on VCWiz (each, a “User”, collectively, “Users”, and sometimes referred to as “you” or “your”), you are deemed to have: (i) entered into an agreement with Dorm Room Fund; (ii) represented that you are an adult in your country of residence and are at least 18 years old; (iii) represented that you have the legal authority to accept these Terms of Use on behalf of yourself and (if applicable) your company; and (iv) agreed to be bound by these Terms of Use. If you do not agree with these Terms of Use, you are not authorized to, and may not, use or access any portion of VCWiz.  Access to certain areas of Content (defined below) may be subject to additional terms and conditions.  

USER RESPONSIBILITY FOR ACCOUNT INFORMATION

In order to access VCWiz, you will require a username, password, and/or other security-related access information (collectively, “Credentials“). You are solely responsible for maintaining the confidentiality of, and ensuring that proper security precautions are taken with respect to, your Credentials. You are also responsible for all unauthorized access, use or misuse of VCWiz and/or Content due to your direction or lack of direction, or your lack of care in protecting your Credentials, or your failure to comply with these Terms of Use.  Credentials are for a single User only and may not be used by multiple Users. You may not transfer or share your Credentials with anyone or permit others to use your Credentials to access or use VCWiz. You agree to: (a) immediately notify Dorm Room Fund of any loss, theft or unauthorized use of any Credentials, or any other breach of security pertaining to VCWiz; and (b) ensure that your complete registration information, including (as applicable) your e-mail address and personal contact information and any social media information used as part of your Credentials, is up to date. Dorm Room Fund shall not be liable for any loss or damage arising from your failure to comply with this section. Dorm Room Fund reserves the right (but has no obligation) to monitor and record activity on VCWiz, including access to Content, including for the purposes of confirming your compliance with these Terms of Use, and to ensure proper operation and performance of VCWiz. We also reserve the right to terminate or suspend your access to VCWiz without notice or further obligation to you if, in our sole discretion, we believe you are in violation of any provisions of these Terms of Use.

CONTENT OF VCWIZ

The content available on VCWiz (including all text, graphics, photographs, video and audio content) (collectively, “Content”) is protected by the United States copyright laws, and the copyright laws of other countries, as well as other intellectual property and proprietary laws, and is owned by Dorm Room Fund, Dorm Room Fund’s licensors, and/or the other contributors to Dorm Room Fund (including Users).  The software operating VCWiz is proprietary software, and you may not use it except in connection with your use of VCWiz, and solely as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise create derivative works from the software.

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; legal@dormroomfund.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

Subject to these Terms of Use, Dorm Room Fund grants you a limited, revocable, personal, nontransferable, nonsublicensable, nonexclusive license to use the Content.  You may access and display Content via electronic device, print Content, distribute copies of Content within your company or to other Users, and store Content in electronic form.  As a condition of your use of VCWiz, you warrant and covenant to Dorm Room Fund that you will not use VCWiz for any purpose that is unlawful or prohibited by these Terms of Use. Except as expressly set forth in these Terms of Use and, as applicable, excluding Your Content (defined below), you may not: (a) reproduce, modify, distribute or in any way commercially exploit any of the Content; (b) reproduce or transmit to any other service (electronic or not), group or list, or regularly or systematically collect and/or store in electronic or print form, all or any part of the Content; (c) modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service) without the prior written consent of Dorm Room Fund; (d) remove any copyright, trademark or other notice from any versions or reproductions of the Content made under these Terms of Use; (e) collect information from or about VCWiz for the benefit of another party; (f) use Dorm Room Fund’s name in any way, including in any domain name or URL; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or use any tags or beacons or take any other action that may impose an unreasonable burden or load on VCWiz or Dorm Room Fund’s infrastructure. Any other use of the Content or VCWiz not specifically permitted under these Terms of Use is expressly prohibited. Requests for permission for other uses may be sent to: Dorm Room Fund Management, LLC; 4040 Locust St. Philadelphia, PA 19104; Attention: Legal.

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.

Subject to the rights and licenses you grant to Dorm Room Fund under these Terms of Use, you retain all rights to the ownership, copyrights and use of all content, comments, ideas, notes, messages, information or other materials provided or uploaded by you to VCWiz, or otherwise voluntarily submitted to Dorm Room Fund via VCWiz, including through access you grant to VCWiz to information, such as through integration with any information, systems or accounts controlled by you that you permit by VCWiz (collectively, “Your Content“). You understand that Dorm Room Fund cannot guarantee, and will not be subject to any obligation, whether of attribution or otherwise, regarding Your Content and will not be liable for any use, misuse, infringement or disclosure of any of Your Content by any third party authorized to access Your Content. You shall be solely responsible for Your Content and the consequences of posting or publishing Your Content on VCWiz or otherwise.

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 further acknowledge that Dorm Room Fund is under no obligation to post, display or otherwise use Your Content, and that Dorm Room Fund has no obligation whatsoever to pay you any royalty or other compensation from the use or display of Your Content or otherwise from the exercise of Dorm Room Fund’s rights granted under these Terms of Use. To the maximum extent permitted by applicable law, you hereby agree not to instigate, support, maintain or authorize any action, claim, or lawsuit against Dorm Room Fund or its owners/operators, affiliates, licensees, licensors, and/or any other person (including other Users), on the grounds that any use of Your Content in accordance with these Terms of Use infringes any of your rights as creator of Your Content, including trademark rights, copyrights, publicity rights, privacy rights and moral rights.

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:

  1. You have read, fully understand and agree to these Terms of Use and appreciate the nature, extent and consequences of these Terms of Use, including with respect to the licenses granted herein;
  2. Your Content either represents your own original work or you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by us and these Terms of Use, and that Dorm Room Fund’s publication and/or use of Your Content will not infringe upon any other individual’s or entity’s rights;
  3. Dorm Room Fund does not pre-screen Your Content, or Content submitted by any other User, and you are solely responsible for the contents of Your Content and the consequences of posting or publishing it on VCWiz, including any injury, damage or liability resulting therefrom;
  4. You understand that Dorm Room Fund is not responsible for, and cannot control, any actions taken by other Users in respect of Your Content, you accept responsibility for posting Your Content where others may access it, and you acknowledge that Dorm Room Fund recommends that you do not submit any Content that would reasonably be considered to contain confidential information, trade secrets or insider information, or that would otherwise subject you or your company to any liability or losses;
  5. You understand that Dorm Room Fund has no obligation, either express or implied, to develop or use Your Content and that no compensation is due to you or anyone else for any inadvertent or intentional use of Your Content or any content or derivative work that is created from Your Content;
  6. Dorm Room Fund is not obligated to provide any justification for editing, removing or deleting Your Content or to reveal Dorm Room Fund’s or any User’s activities that are related to any of Your Content;
  7. Dorm Room Fund and other Users may, directly or indirectly: (i) be developing content, ideas, concepts, information or other materials that are the same or substantially similar to Your Content; or (ii) already have knowledge of such content, ideas, concepts, information or other materials from other sources;
  8. To the maximum extent permitted by applicable law, you hereby irrevocably release and forever discharge Dorm Room Fund and its affiliates, licensees and subsidiaries from any and all actions, causes of action, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Dorm Room Fund and its affiliates, licensees and subsidiaries or their respective successors and assigns with respect to Your Content; and
  9. Dorm Room Fund has the right (but not the obligation) to: monitor VCWiz and Your Content; to alter or remove Your Content at any time; to disclose Your Content and the circumstances surrounding its transmission to any third party or governmental or regulatory entity in order to operate VCWiz properly; to protect Dorm Room Fund and other Users; and to comply with legal obligations or governmental requests.

You are solely responsible for the contents of Your Content. You agree you will not:

  1. Post, link to, publish or otherwise submit any Content or materials that do not conform to these Terms of Use, including those that:
  1. are unlawful, obscene, hateful, defamatory, libelous, threatening, fraudulent, abusive, pornographic, sexually explicit, harassing or racially, ethnically or otherwise offensive;
  2. encourage conduct that would be considered a criminal offense, or do or could give rise to civil liability or violate any law, rule or regulation, or are otherwise objectionable;
  3. are intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation;
  4. comprise non-public or insider information about companies, or are otherwise confidential or private;
  5. contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant to Dorm Room Fund all of the license rights granted herein;
  6. comprise an advertisement, solicitation, pyramid scheme, investment opportunity or other unsolicited commercial communication (except as otherwise expressly permitted by Dorm Room Fund, in writing);
  7. include recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security; or
  8. constitute a violation of federal or state securities laws, or the applicable securities laws of other countries (or groups of countries) in which you operate;
  9. constitute a violation of federal or state antitrust laws, or the applicable competition laws of other countries (or groups of countries) in which you operate;  
  1. Disguise or attempt to disguise the true origin of any of Your Content;
  2. Impersonate any person or entity (including Dorm Room Fund staff or other Users) or misrepresent any affiliation with any person or entity;
  3. Knowingly post or transmit any Content that contains software viruses, files, code or other harmful components designed to interrupt, destroy or limit the functionality of VCWiz, the Content or the computer software, systems or infrastructure of Dorm Room Fund or any User;
  4. Collect or store other Users’ personal data;
  5. Restrict or inhibit any other User from using VCWiz;
  6. Upload, post, e-mail, or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity;
  7. Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, chain letters, or any other potentially objectionable form of unsolicited communication, including via initiation or perpetuation of “SPAM”, or to newsgroups, bulletin boards, or Users that have requested that messages not be sent to them;
  8. Upload, post, e-mail, or otherwise transmit any material that you do not intend to disclose to all Users that are recipients of your transmission, including Users who have access to the areas of VCWiz in which Your Content is posted;
  9. Use VCWiz for any purpose or in any manner that violates any local, state, or federal law or regulation, or any applicable laws or regulations of any foreign government; or
  10. Upload, post, e-mail or otherwise transmit, without authorization, any material that would reasonably be considered to contain confidential or private information concerning any third party person or entity, including personal (i.e., non-business) phone number(s) or addresses, account numbers, social security numbers, passwords or other similar information.

Dorm Room Fund reserves the right to review, edit and remove Your Content, including in order to ensure compliance with these Terms of Use and our Privacy Policy. It is not possible or practicable for Dorm Room Fund to effectively monitor all Content, including with respect to infringement of third party rights. If you believe that any Content infringes your legal rights, you should notify Dorm Room Fund immediately. If notified by a User that Your Content allegedly does not conform to these Terms of Use, Dorm Room Fund may investigate the allegation and determine in good faith and in its sole discretion whether to remove or modify the applicable portions of Your Content.

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.

Dorm Room Fund cannot ensure that Content submitted by third parties is in compliance with these Terms of Use. You understand that when using VCWiz you will be exposed to Content from a variety of sources, and that Dorm Room Fund cannot guarantee, and is not responsible for, the accuracy, integrity, quality, usefulness, safety, or intellectual property rights or protections of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or that otherwise violate these Terms of Use and, to the maximum extent permitted by applicable law, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dorm Room Fund with respect thereto.

TERM AND TERMINATION

Dorm Room Fund may, in its discretion, terminate or suspend your access to all or part of VCWiz (including any right to access and use the Content). Dorm Room Fund reserves the right to refuse to offer access to VCWiz and/or Content to anyone at any time, without notice.  Further, in the event that you no longer qualify as a User (e.g., your invitation from Dorm Room Fund has expired), whether or not Dorm Room Fund has terminated or suspended your access to VCWiz, your continued access to VCWiz is prohibited.  The rights of termination are in addition to all other rights or remedies of Dorm Room Fund provided in these Terms of Use or by law.

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.

PRIVACY POLICY

The information that you provide about yourself to Dorm Room Fund will only be used in accordance with Dorm Room Fund’s Privacy Policy, as may be updated by Dorm Room Fund from time to time, the latest version of which is available at: https://vcwiz.co/privacy.

OTHER TERMS

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.

IN NO EVENT WILL ANY LIABILITY OF DORM ROOM FUND, ITS AFFILIATES, AGENTS AND LICENSEES TO YOU (AND/OR ANY THIRD PARTY) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH VCWIZ, CONTENT, OR BREACH OF THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00).

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.

Indemnification:  You agree you will indemnify and hold Dorm Room Fund, its affiliates, licensees, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties“) harmless for any losses, claims, judgments, expenses, damages or costs, including reasonable legal fees, resulting from any breach of these Terms of Use by you, including: (a) any use of Content other than as expressly authorized in these Terms of Use; or (b) any action you take that imposes an unreasonable burden or load on our systems. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of VCWiz or Content.

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.

Changes to these Terms:  Dorm Room Fund may, in its discretion, modify or update these Terms of Use (including in relation to your use of VCWiz and/or the Content). Any changes to these Terms of Use will be effective upon the publication of revised Terms of Use on VCWiz. If you use VCWiz after Dorm Room Fund has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use VCWiz after they are published.

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.

Waiver, Severability, Cumulative Remedies, Construction:  No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.  If any provision of these Terms of Use is invalid or unenforceable, such will not render all these Terms of Use unenforceable or invalid but rather these Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained herein.  Unless expressly provided to the contrary herein, all remedies set forth in these Terms of Use are cumulative and not exclusive of any other remedies at law or in equity, statutory or otherwise.  Words importing the singular include the plural, words importing any gender include every gender and words importing persons include entities, corporate and otherwise; and (in each case) vice versa.  The headings are for ease of reference only and shall not affect the interpretation or construction of these Terms of Use.  Whenever the terms “including” or “include” are used in these Terms of Use in connection with a single item or a list of items within a particular classification (whether or not the term is followed by the phrase “but not limited to” or words of similar effect) that reference shall be interpreted to be illustrative only, and shall not be interpreted as a limitation on, or an exclusive enumeration of, the items within such classification.

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.

Survival; Statute of Limitations:  Any cause of action of yours with respect to these Terms of Use must be filed in a court of competent jurisdiction in Philadelphia County, Pennsylvania, within one (1) year after the cause of action arose, or such cause will be barred, invalid and void.

Entire Agreement:  These Terms of Use, as amended from time-to-time in accordance with these Terms of Use, constitute the entire agreement between Dorm Room Fund and you regarding VCWiz and the Content, and supersede all prior or contemporaneous agreements, representations, warranties and understandings, whether electronic, verbal, or written, between you and Dorm Room Fund, with respect to VCWiz and Content.

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.

Governing Law and Jurisdiction:  These Terms of Use will be governed by and interpreted in accordance with the laws of Commonwealth of Pennsylvania, U.S.A., excluding its conflicts of laws principles.  Any controversy or claim arising out of or relating to these Terms of Use or the existence, validity, breach or termination hereof, will be brought in the federal or state courts having jurisdiction over Philadelphia County, Pennsylvania, to whose exclusive jurisdiction the parties hereby irrevocably submit for such purposes.  Both parties hereby exclude the application of the Uniform Computer Information Transactions Act (“UCITA”), the United Nations Convention on the International Sale of Goods (“CISG”) and any law of any jurisdiction that would apply UCITA or CISG or terms equivalent to UCITA or CISG to this Agreement.

(Updated: January 10, 2018)