Terms of Use.
Effective Date: March 1, 2023
Terms of Use
General Provisions
1. Scope of Agreement. These terms and conditions (as amended by ET Capital Partners from time to time, these “Terms”) govern your access to, and use of, this website portal, including the information, materials and functions contained or embodied therein (collectively, the “Site”). These Terms are between (i) ET Capital Partners LLC, together with its affiliates (collectively, “ET Capital Partners” or “we” or “our”), and (ii) you, the person(s) on whose behalf you are accessing the Site (such as an investor or prospective investor), and anyone authorized to access the Site on your behalf (collectively “you”). These Terms constitute the entire understanding between you and ET Capital Partners concerning the Site, except that nothing in these Terms is intended to supersede or abrogate any provision of a Offering’s constituent or governing documents or relevant subscription documents, or terms applicable to materials available on the Site. These Terms do not govern the terms of any investment you may make or any other aspect of your relationship with ET Capital Partners beyond your use of or access to the Site.
2. Compromise or Loss of Credentials. You are responsible for ensuring the security and confidentiality of your login credentials, including not sharing those with any other person. You shall immediately notify ET Capital Partners at info@etcapitalpartners.com of any information or event that may compromise the security of the Site, including loss or compromise of your login credentials. You accept full responsibility for any use of your login credentials. ET Capital Partners may suspend or revoke your access to and use of the Site at any time in its sole discretion.
3. Privacy. Information about how ET Capital Partners processes your personal information in relation to the use of the Site is located in our privacy notice which is incorporated into and forms a part of these Terms.
Intellectual Property Rights and License
4. ET Capital Partners retains any and all intellectual property and other proprietary rights in and to the Site, together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works thereof. The Site is protected by applicable copyright, trade dress, patent and trademark laws, international conventions and other laws protecting intellectual property and related proprietary rights. Subject to your agreement and compliance with these Terms, ET Capital Partners grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site strictly and solely for your private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use.
5. You shall not, nor shall you cause or permit any other party to: (i) modify, adapt, copy, alter, publish, print, disclose, download, translate or create derivative works of the Site; (ii) disable, disrupt, circumvent or otherwise interfere with any feature, functionality or control that prevents, restricts or otherwise governs access to, or use of, any aspect of the Site; (iii) build a product or service using similar ideas, features, functions or graphics of, or otherwise contained within, the Site; (iv) sublicense, resell, rent, lease, transfer or assign the Site or the use thereof, or to offer the Site on a time-share basis to any third party; (v) reverse engineer, decompile, decode or disassemble the Site (or any part thereof); (vi) attempt to derive the source code for the Site (or any part thereof) or attempt to gain access to any underlying code used to implement or deploy the Site, or (vii) otherwise exploit or use the Site in any way except as strictly set forth in these Terms.
No Offer of Securities
6. The Site (or your access or use thereof) does not constitute an offer to sell or a solicitation of an offer to buy any interest in any investment sponsored or offered by ET Capital Partners (each, an “Offering”). Any such offer or solicitation can and will be made only by means of the Confidential Offering Memorandum of each such Offering, only in jurisdictions in which such an offer would be lawful and only to individuals who meet the investor suitability and sophistication requirements of each such Offering, including qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended. Access to information about the Offerings is similarly limited to individuals who meet the applicable investor suitability and sophistication requirements and also subject to the selling restrictions set out in the relevant Confidential Offering Memorandum.
Third-Party Content
7. The Site may include services, general news and information, commentary, research and other data supplied by companies that are not affiliated with ET Capital Partners (“Third Party Content”). ET Capital Partners has not been involved in the preparation or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content or services. ET Capital Partners does not guarantee the accuracy, timeliness, completeness or utility of Third Party Content, and ET Capital Partners shall not be responsible or liable for any such content or services. Your access to Third Party Content or other websites is at your own risk and is subject to their own privacy policies.
Important Disclosures and Disclaimers
8. Review Everything Carefully and Completely. The Site may contain performance information for the Offerings. An investment in the Offerings may not be suitable to all investors, and ET Capital Partners does not guarantee their performance. The returns from such an investment may rise and fall and are not guaranteed, and investors may lose all or some of their initial capital invested. There can be no assurance that any Offering will achieve its investment objective or avoid substantial losses, and performance may be volatile. You acknowledge that past performance is not indicative of future results.
9. No Reliance. While ET Capital Partners uses reasonable efforts to update the information contained in the Site, ET Capital Partners makes no representations or warranties as to the accuracy, reliability or completeness of any information on the Site. Any content on the Site is subject to change without notice.
10. No Advice. The Site is not intended to supply tax, legal, accounting or investment advice, and the materials (or any part of them) are not intended to be construed as a recommendation to invest in any Offering. If you are in any doubt as to the matters or contents contained on the Site you should obtain independent professional advice. By accepting these Terms, you acknowledge that the Site and any of its materials are for your private, non-commercial informational purposes only and that the use and interpretation of the Site and any of its materials require a specific and in-depth knowledge of the financial markets.
11. Availability of the Site and Termination of Access. ET Capital Partners does not guarantee that the Site, and any feature thereof, will always be available. Furthermore, ET Capital Partners reserves the right to terminate your access to the Site or any portion thereof at any time without prior notice to you.
12. Password Protected Areas. Portions of the Site are password-protected and are accessible only to users who have been issued passwords by an authorized representative of ET Capital Partners. Passwords are issued only to current investors in an Offering and such other parties approved by ET Capital Partners. Users of the Site acknowledge that information and materials on or available through the Site shall not be shared with any other person, without the prior consent of ET Capital Partners.
13. ET CAPITAL PARTNERS DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR PROMISE THAT THE SITE OR ANY MATERIALS OR FEATURES AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, SECURE, COMPLETE, ERROR-FREE, TIMELY OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SITE IS DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IS NOT INTENDED FOR TRADING PURPOSES. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ET CAPITAL PARTNERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE AND THE MATERIALS AND FEATURES AVAILABLE ON OR THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.
Limitations of Liability and Release
15. In no event will ET Capital Partners be liable to you for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, arising out of or in connection with your use of or access to (or inability to use or access) the Site. You will indemnify and hold ET Capital Partners harmless from and against any claims brought against ET Capital Partners as a result of your use of the Site or any misrepresentation or breach by you of any of the provisions of these Terms.
Miscellaneous Matters
17. Governing Law and Forum. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Iowa, without regard to conflict of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the County of Polk, State of Iowa, and the parties unconditionally waive their respective rights to a jury trial..
18. Right to Modify. ET Capital Partners reserves the right to modify, suspend or terminate operation of or access to the Site, any portion of the Site or any service, product or feature available on the Site for any reason, at any time and without notice. ET Capital Partners reserves the right to amend these Terms at any time. Each use of the Site constitutes (i) your agreement to be bound by the then-current Terms and (ii) your representation and warranty that you are duly authorized to be so bound.
19. Questions and Notice. For information, support or questions or to provide notice pursuant to these Terms, please contact us at: info@etcapitalpartners.com.