Allivate Impact Capital®
Terms of Use
Last Updated: September 28, 2022
PLEASE READ THESE ALLIVATE IMPACT CAPITAL® TERMS OF USE (“TERMS OF USE”) CAREFULLY. THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE ALLIVATE IMPACT CAPITAL® WEBSITE, INCLUDING ALL INFORMATION, SERVICES AND OTHER CONTENT PROVIDED ON SUCH WEBSITE (COLLECTIVELY, THE “SITE”). BY ACCEPTING THESE TERMS OF USE OR BY ACCESSING AND USING THE SITE, YOU AGREE THAT: (1) YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE, AND (2) THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND ALLIVATE IMPACT CAPITAL® LLC (“COMPANY”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.
1. Minimum Age
You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). This Site is not intended for, and you may not use this Site if you are under 18 years of age (or the age of majority in the State in which you reside).
2. Privacy Policy
Please click here to view our Privacy Policy, which applies to personal information collected from or provided by you on the Site.
3. Modifications
Company reserves the right to modify and update these Terms of Use, as well as any aspect of the Site at any time in its sole discretion. Your continued access to or use of the Site will constitute your acceptance of any modifications and updates made by Company.
4. Site Content
The Site, including all information, services, images, logos, trademarks, graphics, software, and other content made available by Company on the Site (collectively, the “Site Content”) are the sole property of Company, its affiliates or their licensors and are protected by copyright and other laws, both in the United States and in other countries. You may not reproduce, modify, republish, distribute, resell, broadcast, reverse-engineer, create derivative works from or otherwise exploit in any manner, in whole or in part, the Site Content, except to the extent expressly permitted by Company. You may not download and copy Site Content made available to you on the Site for your personal and noncommercial use. Except for this limited license, Company does not convey any interest in or to the Site Content. All rights not expressly granted herein are reserved by Company, its affiliates and their licensors.
5. Third-Party Sites
The Site may include links to third-party websites, apps or services that may be operated by companies not affiliated with Company. The inclusion of such links on the Site is provided solely as a convenience to you, and Company makes no representations or warranties regarding any such third-party website, app or service. If you choose to click on any link to a third-party website, app or service, you understand that you are connecting directly to the third-party website, app or service and will be subject to any terms of use, policies and privacy practices of such third party.
6. Acceptable Use Policy
You agree that you will not use the Site in a manner that: (1) constitutes a criminal offense, gives rise to civil liability, or otherwise violates any local, state, national, or international law; (2) introduces any computer viruses, malware, bots, worms, Trojan horses or other harmful, disruptive, or destructive materials that limit the functionality of any computer software, hardware, or telecommunications equipment; (3) impersonates another person or entity or falsely states or misrepresents your affiliation with a person or entity; (4) restricts or interferes with any other user’s ability to use or enjoy the Site, as determined by Company in its sole discretion; (5) tampers with the Site Content; (6) employs any robot, spider, scraper or other automated means or interface not provided by Company to access the Site; (7) extracts data or gathers or uses information available through the Site through any means not intentionally made available or provided for through the Site; (8) infringes or alleges to be infringing upon a third-party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third-party claim of infringement; (9) violates contractual or fiduciary relationships; or (10) otherwise violates these Terms of Use or uses the Site in any manner that is inconsistent with the purposes or objectives of this Site, as determined in good faith by Company. Company reserves the right to suspend or terminate your access to the Site and seek other legal or equitable remedies, upon becoming aware of any violation of this Acceptable Use Policy by you.
7. Warranty Disclaimer
THE SITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (1) THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO (A) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE CONTENT, OR (B) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE CONTENT; OR (2) THE ABSENCE OF ANY MALWARE OR OTHER HARMFUL CODE ON THE SITE OR WITHIN ANY SITE CONTENT. COMPANY, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND ACCORDINGLY, THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER, ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED BY YOU ARE UNAFFECTED BY THIS SECTION.
8. Limitation of Liability
IN NO EVENT WILL COMPANY, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUES OR PROFITS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
9. Indemnity
You agree to indemnify, defend and hold harmless Company and its affiliates, and each of their respective officers, directors, employees, agents, suppliers and representatives, from and against all losses, expenses, damages, fines, penalties and other costs, including reasonable attorney fees, arising out of or related to (1) your use or misuse of the Site, including any Site Content; or (2) your breach of these Terms of Use. Company reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, in which event you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. Governing Law; Venue
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas, without giving effect to any choice of law or conflicts of law provision. Any legal action or proceeding between you and Company concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas.
11. Electronic Communications
These Terms and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
12. General
Company may assign these Terms of Use, and its rights and duties hereunder, to any party at any time without notice to you. You may not assign these Terms of Use without our prior written consent. To the extent any portion of these Terms of Use is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use, as modified, will remain in full force and effect. This is the entire agreement between you and Company relating to the subject matter herein.
13. How To Contact Us
If you have any questions about this Site, you may contact us at Inquiries@Allivate.com.