Please read these terms and conditions carefully. For purposes of this agreement, "MYCAPITAL" shall mean Mycapital, Inc. and its affiliates, and their officers, directors, managing directors, partners, and employees. The "MyCapital.com Web site" shall mean the Web site of Mycapital, Inc. available to the general public and located at mycapital.com. By accessing
this website and any pages hereof, you are indicating that
you have read, acknowledge and assent to be bound by these
terms and conditions. If you do not agree to these terms and
conditions, do not access this website. MYCAPITAL reserves
the right to change these terms and conditions and you are
responsible for regularly reviewing these terms and conditions.
Your continued use of this website constitutes your agreement
to all such terms and conditions. By using this website you are accepting all the terms and conditions set forth below. If you do not agree to each and all of these terms and conditions please do not use the site. We reserve the right, at our discretion, to change and or modify portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes.
This website comprises various websites and pages operated
by MyCapital.com (collectively, the "website").
Certain sections of or pages on this website may contain separate
terms and conditions, which are in addition to these terms
and conditions. You should read those additional terms and
conditions carefully. By accessing such sections or pages,
you agree to be bound by those additional terms and conditions.
In the event of a conflict, those additional terms and conditions
will govern for your use of those sections or pages.
Unauthorized use of MyCapital.com's website and systems,
including, but not limited to, unauthorized entry into MyCapital.com's
systems, misuse of passwords or misuse of any other information,
is strictly prohibited. You may not use this website in any
manner that could damage, disable, overburden, or impair any
MyCapital.com site or service or interfere with any other
party's use and enjoyment of any MyCapital.com site or service.
You may not attempt to gain unauthorized access to any MyCapital.com
site or service, computer systems or networks connected to
any MyCapital.com site or service, through hacking, password
mining or any other means. You agree that you will not engage
in any activities related to this website that are contrary
to applicable laws or regulations.
The information and materials on this website or MyCapital.com's e-newsletters may contain
typographical errors or inaccuracies. When accessing these information, you agree that you understand and assume full risk of using these information. These information includes but are not limited to information contained in database of investors, banks, and registered companies or individuals seeking investment capital. MyCapital.com reserves
the right, in its sole discretion, without any obligation
and without any notice requirement, to change, improve or
correct the information, materials and descriptions on this
website and to suspend and/or deny access to this website
for scheduled or unscheduled maintenance, upgrades, improvements
or corrections. Any dated information is published as of its
date only, and MyCapital.com does not undertake any obligation
or responsibility to update or amend any such information.
MyCapital.com may discontinue or change any product or service
described in or offered on this website at any time.
Monitoring by MYCAPITAL:
Your use of the products and services on MyCapital.com Web site may be monitored by MYCAPITAL, and that the resultant information may be used by MYCAPITAL for its internal business purposes.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on this website are
provided on an "AS IS," "WHERE IS" and
"WHERE AVAILABLE" basis. MyCapital.com does not
warrant the information or services provided herein or your
use of this website generally, either expressly or impliedly,
for any particular purpose and expressly disclaims any implied
warranties, including but not limited to, warranties of title,
non-infringement, merchantability or fitness for a particular
purpose. MyCapital.com will not be responsible for any loss
or damage that could result from interception by third parties
of any information or services made available to you via this
website. Although the information provided to you on this
website is obtained or compiled from sources we believe to
be reliable, MyCapital.com cannot and does not guarantee the
accuracy, validity, timeliness or completeness of any information
or data made available to you for any particular purpose.
Neither MyCapital.com, nor any of its affiliates, directors,
officers or employees, nor any third-party vendor, will be
liable or have any responsibility of any kind for any loss
or damage that you incur in the event of any failure or interruption
of this website, or resulting from the act or omission of
any other party involved in making this website, the data
contained herein or the products or services offered on this
website available to you, or from any other cause relating
to your access to, inability to access, or use of the website
or these materials, whether or not the circumstances giving
rise to such cause may have been within the control of MyCapital.com
or of any vendor providing software or services. In no event
will MyCapital.com or any such parties be liable to you for
any direct, special, indirect, consequential or incidental
damages or any other damages of any kind even if MyCapital.com
or any other such party has been advised of the possibility
thereof. This limitation on liability includes, but is not
limited to, accuracy of database or information on MyCapital.com website/e-newsletters, the transmission of any viruses which may infect
a user's equipment, failure of mechanical or electronic equipment
or communication lines, telephone or other interconnect problems
(e.g., you cannot access your Internet service provider),
unauthorized access, theft, operator errors, strikes or other
labor problems or any force majeure. MyCapital.com cannot
and does not guarantee continuous, uninterrupted or secure
access to the website.
No warranties made as to content: no responsibilities to update:
MYCAPITAL makes no warranty, express or implied, concerning this service. The services provided by us and our third party providers are on an "AS IS" basis at your sole risk. MYCAPITAL expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completencess, reliability, timeliness, or continued availability.
Neither MYCAPITAL or any of its third party providers shall have any responsibility to maintain the data and services made available on the MyCapital.com Web site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
No Liability for content; no liability arising from use:
MYCAPITAL shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between MYCAPITAL and you, regardless of whether the connection or communication service is provided by MYCAPITAL or a third party service provider. MYCAPITAL shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on the MyCapital.com Web site or for any other aspect of the performance of this service or for any failuar or delay in the execution of any transactions through this service. MYCAPITAL shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, authenticity, legitimacy of MyCapital.com Website users or members and content included in MyCapital.com Website and e-newsletters. In no event will MYCAPITAL be liable for any special, indirect, incidental, or consequential damages which my be incurred or experienced on account of you using the data or services made available on the MyCapital.com Web site and MyCapital.com's e-newsletters, even if MYCAPITAL has been advised of the possibility of such damages. In no event will MYCAPITAL be liable for any special, indirect, incidental, or consequential monetary and non-monetary damages which arise from your transactions or dealings with any parties who find you and contact you through the MyCapital.com Web site, even if MYCAPITAL has been advised of such suspicious activities on the MyCapital.com Web site. MYCAPITAL will have no responsibility to inform you of any difficulties or suspicious activities experienced by the MyCapital.com Web site and MYCAPITAL or third parties with respect to the use of the services or to take any action in connection therewith.
Your Interactions with other members:
You agree that you are solely responsible for your interactions and business dealings with other members or any parties who contact you through your profile listing at the MyCapital.com Web site. You understand that the MyCapital.com Web site does not in any way screen its members, nor does MYCAPITAL inquire into the backgrounds of its members or attempt to verify the identities or statements of its members. MYCAPITAL makes no representations or warranties as to the conduct of members. In no event shall MYCAPITAL be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, monetary damages resulting from communications, business dealings, or any business transactions with other registered users of this service or persons you meet through this service. You agree to take reasonable due diligence in all interactions and business dealings with other members of the service, particularly if you decide to send him money. You understand that MYCAPITAL makes no guarantees, either express or implied, regarding your success of raising capital or finding suitable investments. You should not provide your financial information (for example, your credit card or bank account information) to other members.
Waiver of Liability, Assumption of Risk, and Indemnity Agreement
Waiver: In consideration of permission to use MyCapital.com and MyCapital.com's e-newsletters, today and on all future dates, you do hereby release, waive, discharge, and convenant not to sue Mycapital, Inc., its directors, officers, employees, and agents from liability from any and all claims including the negligence of Mycapital, Inc resulting in your loss of monetary damages arising from, but not limited to, your participation in Mycapital.com community.
Assumption of Risk: Online community, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid scams. MYCAPITAL provides a real-time database and technology platform for interested parties to contact each other. MYCAPITAL does not verify or guarantee the identity, authenticity, and legitimacy of parties who use the MyCapital.com Web site. As long as you use the MyCapital.com Web site, you agree that you know, understand, and appreciate the risks that are inherent in the online community. You hereby assert that your participation is voluntary and that you knowingly assume all such risks.
Indemnification and Hold Harmless: You also agree to INDEMNIFY AND HOLD Mycapital, Inc. HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees brought as a result of your involvement at MyCapital.com and to reimburse them for any such expenses incurred.
Severability: You further expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: By using this website and this website's e-newsletters, you agree that you have read the waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that you are giving up substantial rights, including your right to sue. You acknolwedge that you are agreeing to the agreement freely and voluntarily, and intend by your agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law.
No warranties made as to security:
MYCAPITAL makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability or unauthorized persons to intercept or access information transmitted by you through this service.
System Outages, Slowdowns, and Capacity Limitations:
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the MyCapital.com Web site or communicating with MYCAPITAL through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider's or MYCAPITAL' can experience unanticipated outages or slowdowns, or have capacity limitations.
No determination of suitability has been made; not all risks are disclosed; private advisors should be consulted:
The fact the MYCAPITAL has made the data and services provided on the MyCapital.com Web site available to you constitutes neither a recommendation of any parties listed at the MyCapital.com Web site nor a representation that any business profile listed at the MyCapital.com is correct, authentic, or legitimate. Online community has inherent risks and you should not enter into any transactions or proceed in any business dealings unless you have fully understood all such risks and has independently determined that such transactions or business dealings are appropriate for you. You may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
No representations made as to other sites or links:
This service may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. MYCAPITAL is providing such links solely as a convenience to you. Accordingly, MYCAPITAL makes no representations concerning the content of the Sites. The fact that MYCAPITAL has provided a link to the Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by MYCAPITAL with respect to the Site, its owners, or its providers. MYCAPITAL has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Sites, or the suitability or appropriateness of the products or transactions described therein.
No representations made as to the MyCapital.com Web site users:
The MyCapital.com Web site provides profile posting service and communication services to any parties who can register freely. MYCAPITAL is providing such services solely as a convenience to you. Accordingly, MYCAPITAL makes no representations concerning the content of the Sites. The fact that the MyCapital.com Web site has displayed a profile does not constitute an endorsement, authorization, sponsorship, or affiliation by MYCAPITAL with respect to the profile, its owners, or its providers. MYCAPITAL has not verified identity, authenticity, or legitimacy of these profiles posted on the MyCapital.com Web site and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of these profiles, or the suitability or appropriateness of these profiles described therein.
All right, title and interest in this website and any content
contained herein is the exclusive property of MyCapital.com,
except as otherwise stated. Unless otherwise specified, this
website is for your personal and non-commercial use only.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, frame, create derivative works
from, transfer, or otherwise use in whole or in part any information,
software, products or services obtained from this website,
except for the purposes expressly provided herein, without
MyCapital.com's prior written approval. If you download any
information or software from this website, you agree that
you will not remove or obscure any copyright or other notices
or legends contained in any such information.
MyCapital.com, the MyCapital.com logo and other MyCapital.com
trademarks and service marks referenced herein are trademarks
and service marks of MyCapital.com. The names of other actual
companies and third-party products or services mentioned herein
may be the trademarks or service marks of their respective
owners. You are prohibited from using any marks for any purpose
including, but not limited to use as metatags on other pages
or sites on the World Wide Web without the written permission
of MyCapital.com or such third party which may own the marks.
Use of Links
This website may contain links to and be linked from third-party
websites. These links are provided only as a convenience.
The inclusion of any link is not and does not imply an affiliation,
sponsorship, endorsement, approval, investigation, verification
or monitoring by MyCapital.com of any information contained
in any third-party website. In no event shall we be responsible
for the information contained on that site or your use of
or inability to use such site. You should also be aware that
the terms and conditions of such site and the site's privacy
policy may be different from those applicable to your use
of this website.
None of the information contained in this website constitutes
a solicitation or offer by MyCapital.com or its affiliates
to buy or sell any securities, futures, options or other financial
instruments or provide any investment advice or service. Prior
to the execution of any transaction by you involving information
you received from this website, you should consult your business
advisor, attorney, and tax and accounting advisors with respect
to the price, suitability, value or other aspects of any stock,
mutual fund, security or other investment. Pricing and other
information generated through the use of data or services
made available herein may not reflect actual prices or values
that would be available in the market at the time provided
or at the time that the user may want to purchase or sell
a particular security or other instrument. The information
and services provided on this website are not provided to
and may not be used by any person or entity in any jurisdiction
where the provision or use thereof would be contrary to applicable
laws, rules or regulations of any governmental authority or
regulatory or self-regulatory organization or clearing organization
or where MyCapital.com is not authorized to provide such information
or services. Some products and services described in this
website may not be available in all jurisdictions or to all
Choice of Law
This agreement shall be governed by and construed in accordance
with the laws of the state of California, without regard to
conflicts of laws provisions. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to
this agreement shall be in an appropriate state or federal
court located in the County of California, State of California
and the parties unconditionally waive their respective rights
to a jury trial. Any cause of action you may have with respect
to your use of this site must be commenced within one (1)
year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision
of this agreement, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of this agreement, and the remainder
of this agreement shall continue in full force and effect.
This agreement constitutes the entire agreement between MyCapital.com
and you with respect to this site and it supersedes all prior
or contemporaneous communications, agreements and understandings
between MyCapital.com and you with respect to the subject
matter hereof. A printed version of this agreement shall be
admissible in judicial or administrative proceedings.