TERMS OF USE
Effective Date: January 1, 2024
Acceptance of Terms
Welcome to AV Equity Partners (the “Company”). This website and any of its subdomains or pages (collectively, the "Site") are owned and operated by the Company.
Please read the following terms and conditions (the "Terms") carefully before using the Site. These Terms govern your access to and use of the Site, including all content, functionality, and services offered on or through the Site.
By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, please do not use the Site.
Users of this website are responsible for observing all applicable laws and regulations in their relevant jurisdictions before proceeding to access the information contained herein. By proceeding to access the information, users are deemed to have represented and warranted that the applicable laws and regulations of their relevant jurisdiction allow them to do so.
No information contained on this website constitutes or would be deemed to constitute an invitation in any jurisdiction to invest or otherwise deal in the shares of the Company. None of the information contained in this website constitutes an offer to sell, or a solicitation of an offer to buy or subscribe for, any shares or other securities to the public.
Your compliance with these Terms is a condition to your right to access the Site. If you do not agree to be bound by the Terms, promptly exit this Site. Your continued use of this Site indicates your agreement and acceptance of these Terms.
Prohibited Uses
As a user of the Site, you agree not to:
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Illegal Activities: Use the Site for any illegal purpose, or in violation of any local, state, national, or international law.
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Violations of Rights: Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right.
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Interference with Operation: Interfere with, or attempt to interfere with, the proper functioning of the Site or use the Site in any way not expressly permitted by these Terms.
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Licensing Restrictions: Use the Site if we have previously banned you from use of the Site or closed your account.
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Malicious Code: Upload, post, e-mail, transmit, or otherwise make available any material that 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.
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Unauthorized Access: Attempt to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means.
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Data Mining & Scraping: Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
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Harassment: Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site.
Intellectual Property Rights
The Site and all of its original content, features, and functionality (collectively, the "Content"), including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This includes, but is not limited to:
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Text: All written content on the Site, including articles, blog posts, descriptions, and metadata.
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Graphics: All visual components of the Site, such as logos, icons, graphics, and layout.
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Images: All images displayed on the Site, including photographs and illustrations.
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Software: All software used on the Site, including code, scripts, interfaces, and other technical elements.
You are granted a limited license to access and use the Site and the Content, but you are not allowed to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
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Modify copies of any materials from this Site.
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Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us. If you wish to make any use of material on the Site other than that set out in this section, please address your request to: 48 Wall Street, 12th Floor, New York, New York 10005
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other law.
Reliance on Information Posted
While the Company uses reasonable efforts to obtain information from reliable sources, the Company makes no representations or warranties as to the accuracy, reliability, or completeness of any information or document at this Site obtained outside of the Company. Opinions and any other contents at this Site are subject to change without notice.
The Company is not utilizing this Site to provide investment or other advice, and no information or material at this Site is to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. Any transactions listed on this Site are included as representative transactions and are not necessarily reflective of overall performance.
The Company does not advise on the tax consequences of any investment.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, this Site.
This includes, without limitation, any loss of profit, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Company has been advised of or should have known of the possibility of such damages.
Whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the use of, or inability to use, the Site, even if the Company has been advised of the possibility of such damages.
Furthermore, the Company will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Site.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, or featured in any banner or other advertising, and the Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Representation and Warranties
By using this Site, you represent and warrant that:
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Legal Age: You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.
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Accuracy of Information: All information you provide to us is true, accurate, current, and complete.
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Compliance with Terms: You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Site and the Service.
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No Conflicts: Your performance under these Terms does not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future.
The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the accuracy or completeness of the Site’s content, or that emails sent from the Company are free of malware or other harmful components. You agree that your use of the Site will be at your sole risk. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with the Site and your use thereof.
Age Requirement
You must be at least 18 years of age to use this Site. By using this Site and by agreeing to these Terms, you warrant and represent that you are at least 18 years of age.
If you are under 18 years of age, you may not use the Site, register for an account, or provide any personal information to the Site. The Company does not knowingly collect personal information from individuals under 18 years of age and if we obtain actual knowledge that a user is under 18 years of age, we will take steps to remove that user's personal information from our records.
If you are a parent or guardian and you are aware that your child has violated this provision and provided us with personal information, please contact us at (212) 518-7090, 48 Wall Street, 12th Floor, New York, New York 10005. If we become aware that we have collected personal information from a child under the age of 18 without verification of parental consent, we will take steps to remove that information from our servers.
U.S. Government Users
The use, duplication, or disclosure of the Materials by the U.S. Government is subject to restrictions. These restrictions are set forth in the Federal Acquisition Regulation (FAR) 52.227-14 et seq., and any other successor regulations that may be applicable. This includes, but is not limited to:
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Use: U.S. Government users must use the Materials in accordance with these Terms and all applicable laws and regulations.
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Duplication: U.S. Government users may not duplicate the Materials without express written permission from the Company, unless such duplication is expressly permitted by these Terms or applicable law.
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Disclosure: U.S. Government users may not disclose the Materials to third parties without express written permission from the Company, unless such disclosure is expressly permitted by these Terms or applicable law.
Please note that these restrictions are subject to change as new regulations come into effect. It is the responsibility of the U.S. Government user to stay informed about such changes.
Indemnification
You agree to indemnify and hold the Company, its officers, directors, employees, and agents harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by third parties due to or arising out of your use of the Site, your violation of these Terms, your violation of any rights of a third party, or any unauthorized use of the Site.
Effect on Other Agreements
These Terms of Use are in addition to, and do not nullify, any other agreement between you and the Company or any other obligations you may have to the Company. In the event of a conflict between these Terms of Use and any other agreement or obligation, this agreement will govern with respect to your use of this Site and its content.
Your obligations under these Terms of Use are in addition to any legal or contractual obligations you may have to the Company or any third parties. These Terms of Use do not alter or amend any other agreement you may have with the Company.
If you are a party to another agreement with the Company, that agreement remains in full force and effect, even if it is inconsistent with these Terms of Use. If there is a conflict between these Terms of Use and that other agreement, the terms of that other agreement will control.
Links from the Website
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us.
Testimonials
Certain statements about the Company made by portfolio company executives and other persons herein are intended to illustrate the Company’s business relationship with such persons, including with respect to the Company’s facilities as a business partner, rather than the Company’s capabilities or expertise with respect to investment advisory services. Such persons were not compensated in connection with their participation, although they generally receive compensation and investment opportunities in connection with other roles (including roles at portfolio companies), and in certain cases are also owners of portfolio company securities and/or investors in the Company-sponsored vehicles. Such compensation and investments subject participants to potential conflicts of interest in making the statements herein.
Site Security and Account Access
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability.
The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third-party web browsers.
Accessing the Website and Account Security
You are responsible for:
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Making all arrangements necessary for you to have access to the Site.
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Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
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Maintaining the security of your account, including keeping your password confidential and not disclosing it to any third party.
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Any and all activities that occur under your account, whether or not authorized by you.
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Promptly notifying the Company of any unauthorized use of your account or any other breach of security.
The Company has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Governing Law and Arbitration
These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Nevada.
Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the jurisdiction in which the Company operates, Nevada, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Nevada. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of Nevada.
This Governing Law and Arbitration section will survive any termination or expiration of these Terms of Use.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN THIRTY (30) DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Changes to Terms
The Company reserves the right to modify these Terms at any time. Your continued use of the Site following any changes constitutes your acceptance of the new Terms. We encourage users to frequently check this page for any changes to stay informed.
Contact Information
If you have any questions about these Terms, please contact us at:
48 Wall Street
12th Floor
New York, New York 10005