Terms of Service
Last Updated: Wed, Oct 26 at 6:43pm
Terms of Service
In the case of inconsistencies between this Agreement and information included in off-line materials (e.g., promotional materials and mailers), this Agreement will always govern and take precedence.
"Venture360" means Venture360, LLC, a Kansas limited liability company.
The "Venture360 Platform" refers to any and all services provided by Venture360 by means of electronic communications, including, but not limited to, storage, email and collaboration services.
"Venture360 Services" refers to all products and services provided to you by Venture360, LLC, including, but not limited to, the Venture360 Platform, Venture360-provided web sites and technical support.
Description of Services
Venture360 provides resources and tools to entrepreneurs, angel groups, individual accredited investors and others institutions seeking to invest in or provide services to early stage companies. We have built the Venture360 Platform, which is a group management and deal collaboration platform designed to meet the needs of the investor community. Venture360 provides customized investor web sites with integrated entrepreneur application scoring, a secure forum for communication and sharing of due diligence among and between investors, a process for closing investments, and finally a portfolio tracking system.
Venture360 also provides resources and tools to entrepreneurs seeking early stage investments from investors. We provide an integrated means of creating an interactive business plan, organizing investor commitments and closing documents, as well as tracking the investment.
In order to use Venture360 Services, you must have one of the supported Internet browsers. Additionally, you are required to register your user information with Venture360. Venture360 does not provide Internet access, and you are responsible for all fees associated with your Internet connection.
License to Use
Subject to the terms of this Agreement, Venture360 grants to you a non-exclusive, revocable, non-transferable license to use Venture360 Services, including the Venture360 Platform. Some of Venture360's services are provided free of charge, while others are provided at a fee. Please contact firstname.lastname@example.org for more information about our pricing.
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made monthly or annually in advance unless otherwise mutually agreed upon in writing. All payment obligations are noncancelable and all amounts paid are nonrefundable. You are responsible for paying for all user licenses ordered, whether or not such user licenses are actively used. You must provide Venture360.co with valid credit card or approved purchase order information as a condition to signing up for Venture360 Services.
In order to use the Venture360 Platform, you must register for an account. Accounts are only available to individuals 18 years of age or older. Additionally, if you wish to use the Venture360 platform as an investor, you must meet the legal definition of an Accredited Investor for your country. You are solely responsible for determining whether you meet the legal definition of an Accredited Investor for your country. Venture360 disclaims all responsibility for whether you satisfy the legal requirements of an Accredited Investor. If you are uncertain about whether you meet such requirements, please consult with your legal advisor.
Limitations on Use
In order to best serve our users, and to comply with applicable laws, Venture360 has a limited number of guidelines that govern how you may behave while interacting with the Venture360 Platform. Please review the rules below carefully, since your violation of them may result in the termination of your access to Venture360 Services.
Shortly after you complete your registration, Venture360 will provide you with a username and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account. No member of Venture360's staff will ever ask you for your password, so please do not provide it if asked since this may result in a security breach.
Please notify Venture360 immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please contact our technical support staff at email@example.com
Compliance with Applicable Laws
You agree to use Venture360 Services only as provided for in this Agreement. You also agree not to use Venture360 Services in any way that is in conflict with the law in your jurisdiction. Further, you may not use the Venture360 Platform for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a user's privacy, or in violation of any other individual's rights, including, without limitation, intellectual property rights.
Please use the email features of the Venture360 Platform responsibly. You may not use any Venture360 Service to send unsolicited commercial email ("spam") or unsolicited mass distribution of files. In order to enforce this provision, Venture360 may, from time-to-time, establish additional policies regarding the use of email features, including, but not limited to, maximum retention times of messages, maximum number of messages sent per day, or a maximum size of a message.
If you receive any email through Venture360 Services that you believe is not in compliance with the above provision, please notify us by forwarding the email, along with an explanatory email to firstname.lastname@example.org.
A user may elect to make certain personal or private information viewable through the Venture360 Platform. You may not disclose information obtained in this manner to any third parties without first obtaining permission from that user. You agree not to collect or aggregate user information accessible through the Venture360 web site or Venture360 Platform for commercial use or redistribution, including the targeted marketing of non-Venture360 services to individual users. Venture360 reserves the right to immediately terminate, without notice, the account of any user found to have violated this rule.
Registered User Information
By registering with or using Venture360 Services, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for processing and storage by Venture360.
Limitations on Service
Venture360 reserves the right to change or discontinue, either temporarily or permanently, any part or all of its services at any time and without prior notice. You agree that neither Venture360 nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.
Intellectual Property Ownership
The Venture360 web site, Venture360 emails, Venture360 Services and the Venture360 Platform all contain content that is the intellectual property of Venture360, LLC (collective, "Content"). This Content is protected by domestic and international copyright and trademark laws and may not be used except as expressly provided for in this Agreement. The publication, distribution, display and retransmission of any portion of the Content, in any medium, is expressly prohibited unless written permission is first obtained from Venture360 or the appropriate rights holder. All rights not expressly granted by this Agreement are reserved to Venture360.
NONE OF VENTURE360, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "VENTURE360 PARTIES") MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NONE OF THE VENTURE360 PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE VENTURE360 WEB SITE AND THE VENTURE360 SERVICES SOLELY AT YOUR OWN RISK. VENTURE360 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VENTURE360 PROVIDES THIS AS A RESOURCE FOR USERS INVOLVED WITH INVESTING IN EARLY STAGE TECHNOLOGY AND EMERGING GROWTH COMPANIES BUT VENTURE360 DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE, INCLUDINGUSERS OF THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES. VENTURE360 DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. VENTURE360 DOES NOT MAKE INVESTMENTS. EACH USER OF THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES SHALLMAKE HIS, HER OR ITS OWN INVESTMENT DECISIONS BASED UPON THEIR PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. VENTURE360 IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES. AS A CONDITION TO YOUR USE OF OUR THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE VENTURE360 PARTIES ARISING OUT OF OR RELATING TO YOUR USE OF THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES.
IN NO EVENT SHALL ANY VENTURE360 PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES, OR THE SUBMISSION OF ANY MATERIALS VIA THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A VENTURE360 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE VENTURE360 WEB SITE OR THE VENTURE360 SERVICES OR WITH ANY TERM OR CONDITION OF THIS AGREEMENT, OR FEEL VENTURE360 HAS BREACHED THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE VENTURE360 WEB SITE AND THE VENTURE360 SERVICES. IT IS THE INTENTION OF YOU AND VENTURE360 THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE VENTURE360PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
At Venture360's request, you agree to defend, indemnify and hold harmless Venture360, LLC and the Venture360 Parties from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any breach by you of this Agreement or any use by you of theVenture360 web site or the Venture360 Services.
If any provision of this Agreement is found unenforceable by any court of competent jurisdiction, it will not affect the validity of the other provisions of this Agreement, which shall remain in effect.
Governing Law and Arbitration
You and Venture360 agree that this Agreement and any claims hereunder shall be governed by and subject to the laws of the State of Kansas, without giving effect to any principles of conflicts of law. All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in Kansas City, KS under the rules of commercial arbitration of the American Arbitration Association. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
Third Party Software and Linking
Although Venture360 may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party.
Modifications to this Agreement
Venture360 may change this Agreement at any time and in its sole discretion. The modified Agreement will be effective immediately upon posting and you agree to the new posted Agreement by continuing your use of Venture360 Services. Venture360 will provide at least 30-days' notice before any material changes take effect. If you do not agree with the modified Agreement, your only remedy is to discontinue using Venture360 Services.
Venture360 will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Venture360’s reasonable control.
The failure of Venture360 to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Venture360 in writing.
Venture360 reserves the right to suspend or terminate this Agreement immediately and without notice if you breach this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND VENTURE360, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND VENTURE360 RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Should you have any questions concerning this Agreement, please email email@example.com.