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TERMS OF USE These Terms and Conditions of Use (the "Terms of Use") govern your use of the web site located at www.vcprive.com and the materials accessible on or from this site (collectively, the "Site"). The Site is the property of VC Prive (“VC Prive"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. VC Prive reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, VC Prive grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. Any computer program designed to access, read, compile or gather content from the Site automatically, including but not limited to web spiders, bots, indexers, robots, crawlers or harvesters (collectively, "Non-Human Visitors") shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of the Terms of Use. All text, graphics, photographs, trademarks, logos, artwork, electronic documents and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to VC Prive, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of VC Prive. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any VC Prive server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, systems or networks owned by VC Prive, or any systems or networks connected to the Site or to VC Prive. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise your access to any portion or feature of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to VC Prive on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You consent to having your Internet Protocol address, headers, and other identifiers recorded. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of VC Prive or others. Special restrictions apply to Non-Human Visitors. Non-Human Visitors are restricted from taxing the resources of the Site beyond what would be typical of a human visitor. Furthermore, as specified by the "no-email-collection" flag in the header pages within the Site, email addresses on this site are considered proprietary intellectual property of VC Prive. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Site, you acknowledge and agree that each email address the Site contains has a value not less than US $50 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited. Mention of independent third-party companies, products and services on the Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. VC Prive assumes no responsibility with regard to the selection, performance or use of these companies, products or services. VC Prive provides this only as a convenience to our visitors. The Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of VC Prive, and VC Prive is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. VC Prive intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by VC Prive from a variety of sources, it is provided "as is." VC PRIVE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL VC PRIVE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED, OR LOSS OF PROFITS OR REVENUES. The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims relating to this Site or to the materials on it. Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Use shall be governed by the law of the State of California as such laws are applied to agreements between California residents entered into and performed entirely within the State of California. You consent to the jurisdiction of federal and state courts within the State of California. You consent to the venue in any action brought against you in connection with breaches of these Terms of Use. You consent to electronic service of process regarding actions under the above agreement. VC Prive administers and operates the Site from its location in the State of California. Although the Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. VC Prive reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and VC Prive with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and VC Prive with respect to such use are hereby superseded and cancelled. VC Prive will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. A failure by VC Prive to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by VC Prive of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between VC Prive and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. |