TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

Effective date: December 1, 2020

Welcome to www.412venturefund.com (the “Site”), owned and operated by 412 Venture Fund, LP (“412 Venture Fund,” “we,” or “us”).

By using this Site, you are agreeing to these Terms and Conditions of Use and Privacy Policy (the “Terms”). If you do not agree to the Terms, your sole and exclusive remedy is to discontinue use of the Site.  412 Venture Fund may modify the Site and/or these Terms from time to time without prior notice to you.  Should 412 Venture Fund make material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any revisions to the Terms, you are agreeing to be bound by the revised Terms.

 

1. Restrictions on use of the Site. You must be at least 18 years old to use the Site. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not use the Site for any unlawful purpose or illegal activities. You will not violate, attempt to violate or assist others in violating or attempting to violate the security of the Site or 412 Venture Fund’s systems or network security, including, without limitation by (i) gaining unauthorized access to any data not intended for users of the Site or access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network; (iii) attempting to breach Site security or authentication measures; or (iv) attempting to interfere with the function of the Site, host or network.  You will not use any software, technology, device or any manual or automated means of any nature whatsoever to “scrape,” “crawl,” or “spider” the Site or to extract or manipulate any data or information on the Site. If we believe you are using or attempting to use the Site in a manner that breaches any of these restrictions, we reserve the right to suspend or terminate your access to the Site or any portion of the Site.

 

2. Information Not Confidential or Proprietary; Not an Offer to Invest. If you choose to contact 412 Venture Fund, you understand and agree that any information and/or materials that you provide to us will not be treated as confidential or proprietary. 412 Venture Fund undertakes no obligation to review any information submitted by you, or to return such information to you. You understand that 412 Venture Fund may receive information that is similar to information that you submit, or may have already received information that is the same as or similar to the information you submit to 412 Venture Fund. You understand that nothing you submit to 412 Venture Fund will cause us or our affiliated funds to be limited or restricted from pursuing any opportunities, either alone or in connection with third parties.

Your use of the Site or communication with any 412 Venture Fund personnel is not an indication that 412 Venture Fund or its affiliated funds will invest in any business you are associated with, nor is it an invitation to invest in any 412 Venture Fund entity or affiliated fund. You understand that 412 Venture Fund is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest.

 

3. Proprietary Rights. The Site and all of its contents (including without limitation, all text, images, videos, audio, and the HTML used to generate the pages) (“Content”) are the property of 412 Venture Fund or that of our suppliers or licensors and are protected by trademark, copyright, and/or other intellectual property laws. You agree that you will not under any circumstances download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content in whole or in part, for any public or commercial purpose without the prior written consent of 412 Venture Fund.

412 Venture Fund grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. 412 Venture Fund (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.

Without limiting the foregoing, as between you and 412 Venture Fund (or other companies whose trademarks appear on the Site), 412 Venture Fund (or the respective company) is the owner and/or authorized user of any trademark, service mark, logo, tagline, trade dress and/or design mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any 412 Venture Fund Mark. You may not use or exploit any Marks without the prior written consent of 412 Venture Fund.

 

4. Privacy Policy. The Site may allow you to provide us with your email address or send us an email message. The contents of any such message will be treated in accordance with Section 2. We will only use your email address to send you messages regarding 412 Venture Fund’s business. You may unsubscribe at any time by clicking the “unsubscribe” link in any such message. 412 Venture Fund uses automatic data collection tools, including cookies, to collect information during your visit to the Site such as your IP address and to track your use of the Site. You understand and agree that 412 Venture Fund may freely use this information for its business purposes and may disclose such information to any other person or entity in a form that does not personally identify you. 412 Venture Fund may also share any information (whether personally identifiable or otherwise) if we believe it is necessary to (a) comply with the law or a court order or (b) protect and/or defend 412 Venture Fund’s rights, safety, or property, or those of any other person or entity. The Site is intended only for adults age 18 and older and is not directed to children. If you are under the age of 13, you are prohibited from providing any personally identifiable information whatsoever to us.  If 412 Venture Fund discovers that it has obtained any personally identifiable information about a child under 13 years old, without verifiable parental consent pursuant to the Children’s Online Privacy Protection Act, 412 Venture Fund will delete such information immediately.

 

5. Linked Sites. The Site may contain links to third party websites (“Third Party Sites”). 412 Venture Fund does not review or control the Third Party Sites and is not responsible for any content contained therein. These links do not imply 412 Venture Fund’s endorsement of or association with any Third Party Site. 412 Venture Fund is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.

 

6. Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND 412 VENTURE FUND (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).

 

7. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 412 VENTURE FUND, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “412 VENTURE FUND PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY 412 VENTURE FUND PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY 412 VENTURE FUND PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.

 

8. Miscellaneous. These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of

laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania. The failure of 412 Venture Fund to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without 412 Venture Fund’s express written consent. These Terms inure to the benefit of 412 Venture Fund’s successors, assigns and licensees.

These Terms are the entire agreement between you and 412 Venture Fund with respect to the subject matter herein.