By using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. If you do not accept the terms stated here, do not use the Website. This Agreement is subject to change and may be modified unilaterally by us at any time, and any such modification shall be effective immediately upon posting of the modified Agreement on the Website.
Your right to use the Website will terminate immediately, without any further action by PC, if you breach any terms of this Agreement. PC may terminate your use of the Website at any time, with or without reason and any content that has been uploaded to the Website may be deleted by us at any time without notice to you.
The Website is a venue with the primary purpose of connecting PC and like-minded accredited investors and series entrepreneurs. Accordingly, the only people who are authorized to create accounts on this site are “accredited investors” (as that term is defined in Rule 501 of the Securities Act of 1933, as amended) who are familiar with and willing to accept the high risk associated with investing in small public and private companies. We do not and cannot guarantee, however, that any user of this site is in fact an accredited investor. In addition, while our mission is to provide valuable information to users, there may be content provided or generated by us, users or third parties that is incorrect. The Website may contain inaccuracies or typographical errors.
Information on the Website has been obtained from businesses, individuals and other third party sources. We do not have control over all of the content published on the Website, and are not an investment adviser, broker, dealer, placement agent, salesman or other agent or intermediary. Any agreements or business relationships you enter into with another person or entity, and any decisions you make facilitated through the Website are strictly your own. The publication on the Website of any content does not constitute or imply an endorsement or recommendation by PC or an assurance of legality, quality or safety by PC. PC shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting information or offering services on the Website.
PC is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that we have the right to monitor the Website electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect SCM or its users.
If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the content or termination of use of the Website. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may send an e-mail to email@example.com stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by PC in its sole discretion. All decisions made by PC are final and do not imply nor impose, on PC, any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
THE USE, POSTING, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT OR INFORMATION DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION, ADVICE, OPINION OR COMMENT BY PC NOR AN ASSURANCE OF LEGALITY, QUALITY OR SAFETY BY PC. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE WEBSITE NOR DO WE GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THAT ANY USER IS AN ACCREDITED INVESTOR OR MEETS ANY OTHER QUALIFICATION.
PC is not a registered broker or dealer or registered investment adviser under any state or federal law. PC does not sell or offer to sell any securities and no information contained on this site is intended to constitute or to be interpreted as any such offer.
All content on this Website, including, without limitation, any content generated by PC, is strictly for informational purposed only and does not constitute business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice or services. The Website may contain or deliver advertising or sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in any advertiser’s or sponsor’s content.
In addition to all other representations and agreements made by you in this Agreement, by using the Website, you expressly represent and agree:
- that you are eighteen (18) years of age or older.
- that you have the right, authority, and capacity to enter into this Agreement on your own behalf and on behalf on any entity for whom you are acting and to abide by all of the terms and conditions contained herein, and that if any aspect of your participation in this Website violates provisions of federal or local law to which you are subject, you will cease using the Website and close your account.
- that, if you provide us any content, you will only provide us with content that is not false or misleading and that you have a right to provide to us and to allow us to display through the Website — which means that you have adequate rights to all copyrights, trademarks, trade secrets, intellectual property or other material provided by you for display by us.
- that you understand that your content may be republished and if you do not have the right to submit content for such use, it may subject you to liability. We will not be responsible or liable for any use of your content in accordance with this Agreement.
that you are not relying on PC and that you understand that we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, legality or reliability of any content or communications posted on the Website or endorse any opinions expressed through the Website.
- that PC is not acting as an investment adviser to you and does not provide any personalized investment advice attuned or tailored to your individual concerns, but rather offers only disinterested commentary and analysis of certain public and private companies through its newsletter, blog and other features.
- that using the Website and engaging in any communication or transaction with another user or any company identified through the Website is done so entirely at your own risk; any communication, agreements or business relationships you enter into with any such other user or company identified through the Website are strictly your own; and you are solely responsible for conducting any legal, accounting or due diligence review and for obtaining your own third party professional advice to protect your interests including, legal, accounting and tax advice in connection therewith.
- that using the Website and engaging in any communication or transaction with any [advisory board member] is done so entirely at your own risk and any communication, agreements or business relationships you enter into with any such [advisory board member, and any decisions you make facilitated through any such [advisory board member] or otherwise through the Website are strictly your own.
Copyright, Trademark and Other Restrictions
The Website and its contents (including text, graphics, images and other materials), and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Website (collectively, the “Material”), are protected by copyright under United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may view and download a single copy of content on the Website solely for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by PC. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
Pythia Capital™, its logo and other marks are tradenames and trademarks of PC. PC’s tradenames and trademarks may not be used by the user in connection with any product or service that is not offered by PC, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits PC. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners.
Any information, materials, suggestions, ideas or comments that you post on the Website will be deemed non-confidential. By submitting any such information, you are granting PC an irrevocable, world-wide, royalty-free and unrestricted license to use, modify, reproduce, transmit, display and distribute such information, materials, suggestions, ideas or comments for any purpose whatsoever.
You may not use the Website or the Material in any manner, or post, transmit, display, publish or distribute any content, that: violates this Agreement; infringes the copyright, trademark, trade secret or other intellectual property rights of others; violates the privacy or publicity or other personal rights of others; is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually explicit or parody image or text, chain letters or pyramid schemes, or violates applicable laws, including without limitation, federal and state securities laws and regulations.
Except as specifically authorized in advance by PC, users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.
It is PC’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a service provider’s “Designated Agent.” Notification must be submitted to the following Designated Agent for this Website: firstname.lastname@example.org.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers and Limitations
The website and the material are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind. To the fullest extent permitted by law, PC disclaims all warranties, including the warranty of merchantability, non-infringement or third party rights, and the warranty of fitness for a particular purpose. PC makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the material, content, services and links or that the Website will be uninterrupted or error-free.
The Website may provide links to external Web sites. Any Web site you may access through the Website is independent, and SCM has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Web site. You need to make your own independent decisions regarding your interactions or communications with any other Web site.
PC is not responsible for determining whether any user is an accredited investor or meets any other qualification. PC has no obligation to review or display any content received from any source, nor are we obligated to introduce any user or company to any other user, person or entity or any [advisory board member.]
In no event shall PC, its affiliates, agents, suppliers, partners and their respective officers, directors, employees, contractors and agents (in each case, a “Released Party”) be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not such Released Party is advised of the possibility of such damages. In no event shall any Released Party be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on this Website or the information contained herein. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Indemnity and Release
As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
If you have a dispute involving the Website with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Governing Law and Jurisdiction
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston, Massachusetts where PC has its principal place of business. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.