THESE ARE THE TERMS GOVERNING YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THIS SITE
WELCOME to the Recast Capital, LLC (“Recast”) website available at www.recastcapital.com and other related sites operated by Recast (collectively, the “Site”). This Terms of Service (this “Agreement”) sets forth the terms and conditions governing your use of the Site and your access to and use of the information, content and services offered on the Site (collectively with the Site, the “Services”). By accessing or using the Services, you agree to be legally bound by this Agreement, as it may be amended from time to time.
RECAST’S SERVICES AT THE SITE ARE NOT INTENDED FOR USE BY MINORS. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE THE SERVICES.
USE OF WEB SITE
Recast has established this Site to provide information about its educational program, provide access to industry research and provide information on our venture fund activities. The information listed on the Site do not constitute investment advice. You should rely solely on your own investigations regarding any investment opportunity and should seek competent professional advice.
As a condition to your use of the Services, you will not, directly or indirectly: (a) use the Services to infringe the intellectual property rights of others; (b) use the Services or make any attempt to penetrate, modify or manipulate the Services to invade the privacy of any other user of the Services; (c) attempt to modify, erase or damage any information contained on the Site or any device connected to the Services; (d) reverse engineer any portion of the Services; (e) restrict or inhibit others from using the Services; (f) engage in conduct or distribute material that is harmful, obscene, otherwise illegal or objectionable, or gives rise to civil liability; (g) spoof or otherwise impersonate any individual or entity; or (h) violate or attempt to violate the security or integrity of the Services.
Recast reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving any of the Services. Recast reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Services, with or without notice.
Recast reserves the right to modify this Agreement at any time by posting a notice to the Site. You should visit the Site periodically to review the current terms and conditions.
All content, materials, and software included in the Services are the property of Recast or its licensors, and are protected by U.S. and international copyright, trademarks and other intellectual property laws. You may download and retain one copy of this Site and only for your own records and personal use. No commercial use, resale, copying or exploitation of material from the Services is permitted without the express written permission of Recast and any other applicable copyright owner. All rights not expressly granted hereunder are expressly reserved to Recast. If you believe your rights under applicable copyright laws are being infringed on this Site, you may notify Recast’s designated agent by clicking and following the posted instructions. The Copyright Notice and Procedures are incorporated into this Agreement by this reference.
INFORMATION YOU SUBMIT
Recast accepts applications and venture fund data via the Site. If you submit any application or venture fund data to Recast, you agree that Recast has no obligation to make any investment, accept any application or respond to the submission. Although Recast makes reasonable efforts to safeguard information submitted, such submissions are not subject to any confidentiality agreement, and the confidentiality and security of such submissions are not guaranteed.
WARRANTIES/LIMITATION OF LIABILITY
The services are provided “as is” and “as available” without warranties of any kind, express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Recast does not warrant the accuracy of the information contained on the site or that the services will be uninterrupted or error-free.
Neither Recast, nor its affiliates, subsidiaries, licensors, or third-party service providers shall be liable for any damages of any kind arising out of your use of the services, even if Recast has been advised of the possibility of such damages. Some jurisdictions do not allow these limitations, so the foregoing may not apply to you. To the extent the foregoing limitation of liability is held to be unenforceable, the aggregate liability of Recast for any cause of action arising out of your use of the services shall be limited to direct damages actually incurred up to $250.
INDEMNITY OF RECAST
You agree to indemnify and hold Recast, its subsidiaries, affiliates, and third-party service providers harmless from any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to a breach of this Agreement, your use of the Services. This indemnity shall survive the termination of this Agreement.
CHOICE OF LAW AND FORUM
The substantive laws of the State of Delaware govern this arising under this Agreement and your use of the Services, without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction of the appropriate state and federal courts in the State of Delaware with respect to claims you may have under this Agreement.
This Agreement constitutes the entire agreement between you and Recast with respect to its subject matter, superseding any prior agreements between you and Recast relating to such subject matter. The failure of Recast to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of this Agreement to be invalid, the court should endeavor to give effect to the parties’ intentions, and the other provisions of this Agreement shall remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
If you have any questions about this Agreement or the Services, please contact Recast at:
Recast Capital, LLC
4532 Lee Highway
Arlington, VA 22207