Terms of Use - leveragecapital

Updated March 01, 2020

1. Background

Welcome! Leverage Capital permits people seeking significant Affordable Growth Capital (AGC) to create and populate project and company profiles to then interact and communicate with and meet with Leverage Capital people who can enable AGC to worthy Projects. These people become Partner-Clients to Leverage Capital. Assuming AGC is issued, the AGC funds are managed by an AGC manager, general partner or similar managing entity under the terms of a Partner-Client partnership agreement and our operating documents.

Within the partnership, the AGC manager, general partner or similar managing entity manages, controls, and conducts the affairs of the AGC terms and conditions and exercises any rights negotiated with the Partner-Client. Leverage Capital typically charges an initial Management Fee of 5% (with other options available), of the total AGC amount to enable the AGC. The Management Fee is payable when the first Tranche of the AGC is provided to the Partner-Client.

The ability to provide AGC is highly dependent on the quality of the Project/Business Plan provided by the Partner-Client. Where Leverage Capital sees a viable Partner-Client relationship, it will provide assistance and guidance to ensure a Partner-Client’s Project/Business Plan is adequate to present to Leverage Capital’s due-diligence team. The foregoing description of the AGC process is not exhaustive, is superseded in all respects by the terms of the AGC Agreement with the Partner-Client, and should not be deemed to be legal advice.

By accessing or using any Service in any manner, you become a Leverage Capital user (“User”). Users who have a project (“Project”) that they wish to have funded via AGC may elect to create a profile for their company (“Company”). Each User who creates a Company profile (“Company Profile”) becomes an official representative for that Company (an “Official Rep”). Leverage Capital permits Official Reps to engage and partner with Leverage Capital to acquire ACG for their Project/Companies without many of the traditional limitations of banks, without having to win a sort of “fashion show” with VCs, and without requiring introductions from famous people. Leverage Capital may be accessed at Leverage Capital.com.

2. Introduction

These Terms of Use (“Terms”) govern the use of the website Leverage Capital.com (including both mobile and on-line versions) (“Site”), on-line and mobile services (e.g., apps), and software made available by Leverage Capital, Inc. and/or its subsidiaries (“Leverage Capital”, “we”, “us”, or “our”), including your use of interactive features, widgets, plug-ins, applications, content, downloads and/ or other services that we own and control and that post a link to these Terms (the Site and each of the foregoing, individually, a “Service and/or Product” and collectively the “Services”), regardless of how you access or use any product or service, whether via computer, mobile device or otherwise.

By using any Service, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.

The contents of this website are provided for informational and educational purposes only. No information on this website should be construed as a solicitation, offer, recommendation, representation of suitability or endorsement of any product, company, security or investment.

Leverage Capital is not a registered or licensed as a broker-dealer, funding portal, investment advisor or investment manager in any state, district, county, territory or municipality within the United States, or in any other country or territory. As such, it is not acting in a fiduciary capacity with respect to any user of the Leverage Capital Services, and Leverage Capital disclaims any broker-client or advisor-client relationship concerning any party using any Service.

You may not, use, reuse, repost, distribute, modify, or transmit any information contained in this website for commercial purposes or for public use, including any text, images, audio, and video without the prior written permission of Leverage Capital (which represents Leverage Capital and its subsidiaries and affiliates). Although the information contained in this website has been obtained from sources that Leverage Capital believes to be reliable, Leverage Capital has not been able to independently verify such information and does not guarantee its accuracy and, as such, the information may be incomplete or condensed. The information contained on this website was not prepared, reviewed nor approved by any of the Leverage Capital Partners referred to herein. All opinions, estimates and other information included in this website constitute our judgment as of the date hereof and are subject to change without notice. All information is provided “as is”, without any representations or warranties of any kind, and Leverage Capital expressly disclaims all express and implied warranties including those with respect to accuracy, completeness, timeliness or fitness for a particular purpose.

Leverage Capital has no obligation to revise or update the information contained on this website or any forward-looking statements set forth herein. Leverage Capital assumes no responsibility for any errors or omissions in the information or for any loss or damage, whether direct, indirect, special or consequential, which arise out of the use of this website, including, without limitation, any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure or other computer malfunction, or any action or decision made by you in reliance on this website or information contained herein, even if Leverage Capital has been informed of the possibility of such damage or action. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. Your access or use of this website and reliance upon any of the materials on it is solely at your own risk. Any information sent or received over the Internet is generally not secure and the security of communications to or from this website is not guaranteed. Unless otherwise expressly indicated, all financial information is unaudited and there is no representation that financial information has been prepared in accordance with generally accepted accounting principles.

Please carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use any Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use any Service if you do not agree. The business realities associated with operating the Leverage Capital Services are such that, without the limitations that are set forth in these Terms, such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and the arbitration of certain disputes – we would not make the Leverage Capital Services available to you.

By accessing and/or using this website and/or any Service, you acknowledge and agree to comply with and be bound by these terms (“Terms”). In some instances, both these Terms and separate guidelines, rules, or terms of use or additional or different terms and/or conditions will apply to your use of our Service or a service or product offered via our Service (in each such instance, and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

If you do not agree to comply with and be bound by the Terms, you may not access this website or use any of the information contained herein.

3. No Professional Advice

Leverage Capital does not provide legal, accounting, lending, investment or tax advice (“Advice”). While some of the Content on Leverage Capital.com may have aspects related to legal, tax, lending, investment, or accounting matters, neither Leverage Capital nor any of Leverage Capital’s Partners are providing any Advice to you, and you acknowledge that there is no professional relationship (including, without limitation, any attorney-client relationship) between you and any of the same, unless you and such party expressly agree otherwise in writing outside of the context of the Leverage Capital Services. Any representation or implication to the contrary is expressly disclaimed. If such advice is required, the services of a competent professional advisor or counselor should be sought.

4. No Endorsement

Leverage Capital does not endorse any Founder, Person, Project, or Company. Featuring of businesses, Companies and/or Founders, should Leverage Capital decide to do so, does not constitute endorsement by Leverage Capital in such Companies. Further, Leverage Capital does not endorse or recommend any Project and/or Company it provides AGC to regardless of any Leverage Capital marketing it may undertake.

5. Accessibility

Leverage Capital is committed to providing excellent customer service to all of its Partner-Clients and other partners. Leverage Capital is also committed to ensuring that all clients and employees of Leverage Capital are treated in a manner that respects their dignity and independence — including any clients, partners and employees with disabilities.

6. Privacy and Collection of Personal Information

Leverage Capital is committed to maintaining the accuracy, confidentiality and security of all personal information that Leverage Capital collects. Leverage Capital does not collect your personal information through this website, except when you voluntarily provide it to Leverage Capital through the Services available on this website. Leverage Capital’s general policies concerning the collection, use and disclosure of personal information are reflected in Leverage Capital’s privacy policy.

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7. Changes to Terms

These Terms (or if applicable Additional Terms), in the form posted at the time of your use of the applicable Services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICES EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER SUCH SERVICES MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING SUCH SERVICES UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE A SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS ANDCONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF ANY SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted terms of use and any applicable Additional Terms each time you use a Service (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used a Service will continue to apply to such prior use (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the homepage and the email you associated with your Registered Account for notices, and you agree that the means outlined in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Leverage Capital Services and related services.

8. Important Notices Applicable to Your Use of the Leverage Capital Services

Leverage Capital is in the business of providing Affordable Growth Capital (“AGC”) to good projects. Neither the information nor any opinion expressed on or through any Service constitutes an offer by Leverage Capital to buy or sell any securities or financial instruments or provide any investment advice or related services. No Leverage Capital Service shall be construed as an offer to sell, or as a solicitation of an offer to purchase, any securities.
The information provided on or through the Leverage Capital Services by us or our Users (defined below) about AGC opportunities may not be available to or suitable for you. Not all strategies are appropriate at all times.
The opinions expressed on or through the Leverage Capital Services do not constitute investment advice. Leverage Capital does not offer investing type services and does not offer securities for sale. Independent advice should be sought in all cases before investing in securities.
Although the AGC made available on or through the Leverage Capital Services may have tax consequences we do not provide tax advice. Partner-Client tax affairs are their responsibility and they should consult their experts to understand the tax consequences of any AGC made available on or through the Leverage Capital Services.
Leverage Capital does not initially conduct any diligence or review of the Projects and/or Companies registering on the Leverage Capital site or made available on or through the Leverage Capital Services. Only once a properly registered and formal intent to proceed (that strictly stipulates that Leverage Capital is in no way creating an environment to coerce or in any way violate any Securities laws and/or regulations, in any jurisdiction, and that Leverage Capital is not asked to act as a registered or licensed broker-dealer, funding portal, investment advisor or investment manager) will Leverage Capital proceed to conduct any diligence, review or contact with the person regarding their Project and/or Company.
By using this Site, you consent to Leverage Capital contacting you and marketing to you through e-mail, text messaging, social media, and serving of ads to you through third parties such as Facebook, Google and others. When you fill out, totally or partially, any form or otherwise provide Leverage Capital with any of your personal information on the Site by creating a Registered Account or otherwise, or through any third-party service implemented on the Site, you consent to us sending you marketing materials about any matter that Leverage Capital wishes to send to you related to our Services and the companies or Users using Leverage Capital’s services. You will have the right to opt out of any e-mail or text message marketing once you have received such marketing materials from us.
Leverage Capital uses cookies and other similar technologies to improve your browsing experience and the functionality of our Site. By clicking “Accept Cookies” you consent to the storing on your device of all the technologies described in our Cookie Policy. We also urge you to read our Privacy Policy and this entire Terms of Use to better understand how we maintain our site, and how we may collect and use visitor data.

9. Service Content, Ownership, Limited License and Rights of Others

9.1. Content.

The Leverage Capital Services contain a variety of: (i) materials and other items relating to Leverage Capital and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Leverage Capital Services, and the compilation, assembly, and arrangement of the materials of the Leverage Capital Services and any and all copyrightable material (including source and object code); (ii) copyrights, trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of Leverage Capital (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively, “Content”). However, the display of Trademarks on pages of this website does not imply that any license has been granted to any third party.

No one has permission to copy, redistribute, reproduce or republish, in any form, any Content found on the pages of this website. Any unauthorized downloading, re- transmission, or other copying or modification of Trademarks or other contents of this website may be a violation of statutory or common law rights which could subject the violator to legal action.

9.2. Ownership.

Leverage Capital Services (including past, present, and future versions) and the Content are owned or controlled by Leverage Capital, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available on or through the Leverage Capital Service is the property of Leverage Capital or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Leverage Capital owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Leverage Capital Services.

9.3. Rights of Others.

When using any Service, you must respect the intellectual property and other rights of Leverage Capital and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in personal liability, including potential criminal liability. If you believe that your work has been infringed through an improper posting or distribution of it on or through any Service, then please contact us at legal@Leverage Capital.com.

Eligibility for Use of Leverage Capital Services

Leverage Capital makes no representations that any Service is appropriate or available for use in any jurisdiction. Accessing the Leverage Capital Services is prohibited from territories where the Content is prohibited. The Content, material, and information contained on the Leverage Capital Services may not be treated as an offer or solicitation: (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation; (iii) if the person making the offer or solicitation is not qualified to do so. You acknowledge and agree that it is solely your responsibility to be aware of the applicable laws and regulations of your country of residence. The Content provided on the Leverage Capital website do not constitute an offer or solicitation to sell securities, by anyone in any jurisdiction — Leverage Capital provides AGC to vetted projects/ companies and does not sell securities of any kind.

The Leverage Capital Services are available only to individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence. You represent and warrant that if you are an individual, you are at least eighteen (18) years old and the age of majority in your jurisdiction of residence, that you are fully able and competent to enter into the terms and conditions set forth in these Terms and other agreements relating to the use of the Leverage Capital Services, and that all registration, personal profile, professional profile, project profile and company profile information you submit is accurate and truthful. If you are applying for AGC using the Leverage Capital Services, you represent and warrant that Leverage Capital is being conducted by a legal entity, in accordance with all international anti-bribery, anti-corruption, anti-money laundering, “Know Your Client” (“KYC”) regulations, including, but not limited to, limited liability companies, corporations, and limited liability partnerships and that such entity is registered to conduct business in its jurisdiction of incorporation/formation. Leverage Capital may, in its sole discretion, refuse to offer any Service to any person or entity and Leverage Capital may, in its sole discretion, change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Leverage Capital Services is revoked in those jurisdictions.

User Content

All content provided by users that is entered into any of a users Registered Account information, Personal profile, Professional profile, Project profile, and/or Company/Business profile (“Profile Submissions”) is kept private and confidential under our Global Privacy Policy.

However, with your express permission, Leverage Capital may in the future offer Users of the Leverage Capital Services the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Leverage Capital Services (collectively, “submit”) messages, materials, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User Submissions”). Leverage Capital may allow you to do this through forums, blogs, message boards, contact us tools, email, and other communications functionality. Subject to the license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User Submissions and you remain ultimately responsible for it.

User Conduct

You may view certain Content on or through the Leverage Capital Services without registering, but as a condition to using certain aspects of the Leverage Capital Services, including the ability to apply for AGC, you will be required to register with Leverage Capital and provide the requested information (your “Leverage Capital Registered Account” or “Registered Account”). You agree to provide us with accurate, complete, and updated registration information about yourself. You are solely responsible for updating all pertinent registration information in your Registered Account. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your registration. You may not select as your Leverage Capital User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You will only use the Service and Content in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your use of the Service in any way that breaks the law.

You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You understand that Leverage Capital owns the Service. As a condition of your use of the Leverage Capital Services you represent, warrant and agree:

Not to post any content for AGC or other related materials where you have no intent to complete an AGC transaction;
Not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
Not to violate any applicable local, state, national, and international laws and regulations;
Not to violate any law or regulation, including any applicable export control laws, that would cause Leverage Capital to violate any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);
Not to post any content that violate any copyrights, patents, trademarks, trade secrets, or any other intellectual property or other rights of others;
Not to post any content that disparage any third-party or Leverage Capital;
Not to post any content that you know to be false, fraudulent, deceptive, misleading, or inaccurate or that misrepresents your identity or affiliation with any person or company;
Not to post any harmful, torturous, threatening, harassing, libelous, scandalous, defamatory, or another persons private information, or any content that is likely to cause emotional distress;
Not to jeopardize the security of your Leverage Capital account or anyone else’s (such as allowing someone else to log in to the Service as you);
Not to attempt, in any manner, to obtain the password, account, or other security information from any other user;
Not to run any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
Not to run any form of “crawler,” “scraper,” or “spider” on any page, any data, or any portion of or relating to the Service or Content (through use of manual or automated means);
Not to copy or store any significant portion of the Content;
Not to directly or indirectly decipher, disassemble, decompile, reverse engineer, or otherwise attempt to derive or obtain any source code or underlying ideas or information of or relating to the Service;
Not to post any content that constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
Not to take any action that imposes or may impose (as determined by Leverage Capital in its sole discretion) an unreasonable or disproportionately large burden or load on Leverage Capital’s or its third-party providers’ infrastructure;
Not to modify, translate, or otherwise create derivative works of any part of any Service;
Not to copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Leverage Capital or any third party;
Not to circumvent or attempt to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
Not use as any name or term that is the name of another person, with the intent to impersonate any person or entity, including any employee or representative of Leverage Capital; and
Not to violate the security of any computer network, or crack any passwords or security encryption codes or circumvent any security-related feature of any Service, including those designed to limit copying or reproduction of the Content.

A violation of any of the foregoing is grounds for account suspension,termination of your right to use or access the Service, and legal action against you.

Leverage Capital does not guarantee that any Content will be made available on or through the Leverage Capital Services. Leverage Capital has no obligation to monitor any Service or any Content made available on or through such Service. Leverage Capital reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend a Raise or Company Profile; (ii) remove, edit, or modify any Content, including, but not limited to, any User Submission; and (iii) remove or block any User or User Submission. Leverage Capital reserves the right not to comment on or provide explanations for any of these actions and shall not, to the fullest extent permissible by law, be held liable for any losses or damages resulting from the foregoing.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the User. We may not monitor or control the Content posted on or through the Leverage Capital Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted on or through any Service or obtained by you on or through any Service is done so at your own risk. You are solely responsible for your interaction with the Leverage Capital Services, whether on-line or offline. We are not responsible or liable for the conduct or content of any User.

You are responsible for your use of the Leverage Capital Services, for any content you provide, and for any consequences thereof. You understand that your Profile Submissions will not be displayed publicly but may be syndicated, relied on, distributed, or published by Leverage Capital Partners to provide you AGC and if you do not have the right to submit Profile Submissions for such use, it may subject you to liability. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.

Registration

Leverage Capital reserves the right, in its sole discretion, to refuse registration of or cancel a Registered Account and the content contained within it. You are solely responsible for activity that occurs through use of your Registered Account and shall be responsible for maintaining the confidentiality of your password for your use of the Leverage Capital Services. You shall never use another User account without the other User’s express permission. You will immediately notify Leverage Capital in writing of any unauthorized use of your Registered Account. You shall be responsible for any losses caused to Leverage Capital and other Users by any use of your Registered Account,both unauthorized and authorized.

You acknowledge and agree that to access certain Content on the Leverage Capital Services, you are required to keep such information confidential. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing registration obligations.

Disclaimer of Warranty

To the fullest extent permissible by law, the Leverage Capital Services and the Content (including, without limitation, any information, documents, resources, or media of any kind contained thereon or therein) are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE LEVERAGE CAPITAL SERVICES, THE CONTENT OR USER SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LEVERAGE CAPITAL SERVICES, THE CONTENT AND USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LEVERAGE CAPITAL AND ITS AFFILIATES AND EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE LEVERAGE CAPITAL SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING ANY SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE LEVERAGE CAPITAL SERVICES IS SOLELY AT YOUR OWN RISK.

We do not warrant that the Leverage Capital Services or the Content will meet your requirements, and we explicitly advise you that all or part of the Content may be inapplicable to or inappropriate for your particular circumstances. Therefore, you should consult with an appropriate legal, accounting, or other professional prior to your use of or reliance of any of the Content. Although we will make efforts to correct any Content, we are under no obligation to and do not undertake to update or verify the completeness or correctness of any Content.

Leverage Capital has no special relationship with you or fiduciary duty to you. You acknowledge that Leverage Capital has no duty to take any action regarding any of the following: which Users gain access to the Leverage Capital Services; what Content Users access on or through the Leverage Capital Services; what effects the Content may have on Users; how Users may interpret or use the Content; or what actions Users may take as a result of having been exposed to the Content. Leverage Capital cannot guarantee the authenticity of any data or information that Users provide about themselves, their Profiles or their AGC information (including, but not limited to their project/business plans and their due-diligence information). You release Leverage Capital from all liability for your having acquired or not acquired Content on or through the Leverage Capital Services. The Leverage Capital Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Leverage Capital makes no representations concerning any Content available on or through any Service, and Leverage Capital is not liable for the accuracy, copyright compliance, legality, or decency of such material available on or through any Service.

Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): LEVERAGE CAPITAL MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ANY LEVERAGE CAPITAL SERVICE OR ANY WEBSITE LINKED TO ANY LEVERAGE CAPITAL SERVICE. Leverage Capital will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Leverage Capital’s equipment, transmitted over networks accessed by any Service, or otherwise connected with your use of any Service.

Quality Standards

You represent and warrant that all Content provided by you to Leverage Capital to post on or through the Leverage Capital Services meet certain standards to ensure the quality of its platform and the integrity of its network. To this end, you understand that materials submitted to enable AGC must:

Be presented in the English language;
Contain all required fields and data;
Be presented in a professional manner;
Not contain any untrue statement of a material fact or omit to state a material fact;
Not contain any confidential information;
Contain clear data presentation;
Present a complete and accurate view of the Project and/or Business;
Present a complete and accurate view of the Project/Business Plan required for due-diligence to deliver the AGC;
Present a complete and accurate view of the team, advisors, investors, shareholders and any other relevant party;
Present a clear presentation summary;
Have an updated personal, professional, project and company profile on Leverage Capital;
Have founders and team members with full profiles;
Be clear and concise;
Use proper grammar, punctuation and spelling;
Use a professional tone; and
Present a Project/Company in the manner, maturity and documentation that is customarily expected of companies looking-for significant capital;
Include a summary presentation “deck” in Keynote, Powerpoint, or presentation style PDF to be displayed on a boardroom monitor for evaluation by Leverage Capital team members and Leverage Capital Partners as part of the initial step.

Limitation of Obligations

Leverage Capital has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide, but Leverage Capital does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf;
If Leverage Capital provides AGC to any business, every AGC is unique, and Leverage Capital is not obligated to make that AGC opportunity available to anyone else.

Termination

Leverage Capital may terminate your access to the Leverage Capital Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You agree that in the event of such a termination, Leverage Capital shall not be responsible for any losses or damages. If you wish to terminate your Registered Account, you may do so by following the instructions on the Site. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Waiver of Injunctive or Other Equitable Relief

IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF ANY SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION AGAINST LEVERAGE CAPITAL AND ANY OF IT’S PARTNERS INCLUDING BUT NOT LIMITED TO ANY ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER SUBMISSION PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY LEVERAGE CAPITAL OR A LICENSOR OF LEVERAGE CAPITAL.

Indemnification

By using and/or accessing the Leverage Capital Services, and by consenting to these Terms, you agree to defend (at Leverage Capital’s option), indemnify, and hold harmless Leverage Capital, its affiliates and subsidiaries, and each of its their respective directors, officers, employees, shareholders, managers, agents, vendors, licensors, licensees, contractors, partners and suppliers, and successors and assigns from and against any and all liabilities, lawsuits, actions (civil, criminal, government or otherwise), claims, damages, losses, costs, investigations (such as by local, state, federal government agencies like the SEC, FATF, DOJ, and international agencies like Interpol), judgments,fines, penalties, settlements, and expenses, including reasonable attorneys’ fees, that directly or indirectly arise from or are related to: (i) any AGC information, AGC opportunity, Transaction, and Information (as such terms are defined in the these Terms) posted or otherwise associated with you, your Company or your Registered Account on the Leverage Capital Services, (ii) your use of the Leverage Capital Services and your activities in connection with the Leverage Capital Services; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi- governmental authorities in connection with your use of the Leverage Capital Service or your activities in connection with the Leverage Capital Services; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Leverage Capital’s use of the information that you submit to us (all of the foregoing, “Claims and Losses”). Leverage Capital reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Leverage Capital in asserting any available defenses. Notwithstanding the foregoing, Leverage Capital retains the exclusive right to settle, compromise, and pay all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of the CEO of Leverage Capital.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL LEVERAGE CAPITAL, ITS AFFILIATES AND PARTNERS, NOR EACH OF ITS AFFILIATES’ AND PARTNERS’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ANY SERVICE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED EUROS (€100.00)..

California Users:

California users further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

Jurisdiction — Governing Law and Arbitration

These Terms are governed by and will be construed under the laws of Gibraltar, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms (whether brought against Leverage Capital or against any director, officer or employee of Leverage Capital in their personal capacity) shall be finally settled in Gibraltar, in English,unless you and Leverage Capital mutually agree on the State of New York, USA as an alternative (no other alternative shall be considered by Leverage Capital). Disputes shall be settled in accordance with and by a single independent commercial arbitrator with substantial experience in resolving intellectual property, financial and commercial contract disputes who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Leverage Capital Services.

Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LEVERAGE CAPITAL ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If an in-person arbitration hearing is required, then it will be conducted in either of Leverage Capital’s offices in Gibraltar or Your offices with You paying for Leverage Capitals representative expenses (airfare, hotel, food) to come to you.

You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Leverage Capital to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then Leverage Capital will have the right to elect to pay the fees and costs and proceed to arbitration.

Note: For US users, certain portions of this Section are deemed to be a “written agreement to arbitrate” according to the US Federal Arbitration Act. You and Leverage Capital agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.

Electronic Delivery – Notice Policy – Consent

By using any Service, you consent to receive from Leverage Capital all communications including notices, agreements, legally required disclosures, or other information in connection with the Leverage Capital Services (collectively, “Contract Notices”) electronically. Leverage Capital may provide the electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Leverage Capital Services.

You agree that Leverage Capital may send communications to you via your mailing address, email, SMS, telephone or facsimile number provided by you in your Registered Account. You agree to immediately update your Registered Account to reflect any changes in your address or contact details. Leverage Capital may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you can access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Leverage Capital Services periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of these Terms in any proceeding arising out of these Terms.

Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. Leverage Capital shall have a reasonable period to effect such a change and Leverage Capital may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for on-line access.

Integration and Severability

These Terms and other referenced material are the entire agreement between you and Leverage Capital with respect to the Leverage Capital Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Leverage Capital with respect to the Leverage Capital Services and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Leverage Capital shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Leverage Capital’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Leverage Capital’s prior written consent. Leverage Capital may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms. Leverage Capital reserves the right, without any limitation, to: (i) investigate any suspected breaches of any Service security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these Terms of Use and any Additional Terms; (iii) investigate any information obtained by Leverage Capital in connection with reviewing law enforcement databases or complying with criminal laws; (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (v) prosecute violators of these Terms of Use and any Additional Terms; and (vi) discontinue any Service, in whole or in part, or, except as may be expressly set forth in any Additional Terms, suspend or terminate Your access to it, in whole or in part, including any user accounts, registrations, and/or profiles at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Leverage Capital under these Terms or any Additional Terms. Upon suspension or termination of your access to any Service, or notice from Leverage Capital, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of such Service.

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES MADE AVAILABLE BY LEVERAGE CAPITAL (DEFINED BELOW). THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US.

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Updated March 01, 2020

1. Background

2. Introduction

By using any Service, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.

If you do not agree to comply with and be bound by the Terms, you may not access this website or use any of the information contained herein.

3. No Professional Advice

4. No Endorsement

5. Accessibility

6. Privacy and Collection of Personal Information

7. Changes to Terms

8. Important Notices Applicable to Your Use of the Leverage Capital Services

Leverage Capital is in the business of providing Affordable Growth Capital (“AGC”) to good projects. Neither the information nor any opinion expressed on or through any Service constitutes an offer by Leverage Capital to buy or sell any securities or financial instruments or provide any investment advice or related services. No Leverage Capital Service shall be construed as an offer to sell, or as a solicitation of an offer to purchase, any securities.
The information provided on or through the Leverage Capital Services by us or our Users (defined below) about AGC opportunities may not be available to or suitable for you. Not all strategies are appropriate at all times.
The opinions expressed on or through the Leverage Capital Services do not constitute investment advice. Leverage Capital does not offer investing type services and does not offer securities for sale. Independent advice should be sought in all cases before investing in securities.
Although the AGC made available on or through the Leverage Capital Services may have tax consequences we do not provide tax advice. Partner-Client tax affairs are their responsibility and they should consult their experts to understand the tax consequences of any AGC made available on or through the Leverage Capital Services.
Leverage Capital does not initially conduct any diligence or review of the Projects and/or Companies registering on the Leverage Capital site or made available on or through the Leverage Capital Services. Only once a properly registered and formal intent to proceed (that strictly stipulates that Leverage Capital is in no way creating an environment to coerce or in any way violate any Securities laws and/or regulations, in any jurisdiction, and that Leverage Capital is not asked to act as a registered or licensed broker-dealer, funding portal, investment advisor or investment manager) will Leverage Capital proceed to conduct any diligence, review or contact with the person regarding their Project and/or Company.
By using this Site, you consent to Leverage Capital contacting you and marketing to you through e-mail, text messaging, social media, and serving of ads to you through third parties such as Facebook, Google and others. When you fill out, totally or partially, any form or otherwise provide Leverage Capital with any of your personal information on the Site by creating a Registered Account or otherwise, or through any third-party service implemented on the Site, you consent to us sending you marketing materials about any matter that Leverage Capital wishes to send to you related to our Services and the companies or Users using Leverage Capital’s services. You will have the right to opt out of any e-mail or text message marketing once you have received such marketing materials from us.
Leverage Capital uses cookies and other similar technologies to improve your browsing experience and the functionality of our Site. By clicking “Accept Cookies” you consent to the storing on your device of all the technologies described in our Cookie Policy. We also urge you to read our Privacy Policy and this entire Terms of Use to better understand how we maintain our site, and how we may collect and use visitor data.

9. Service Content, Ownership, Limited License and Rights of Others

9.1. Content.

9.2. Ownership.

9.3. Rights of Others.

Eligibility for Use of Leverage Capital Services

User Content

User Conduct

You understand that Leverage Capital owns the Service. As a condition of your use of the Leverage Capital Services you represent, warrant and agree:

Not to post any content for AGC or other related materials where you have no intent to complete an AGC transaction;
Not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
Not to violate any applicable local, state, national, and international laws and regulations;
Not to violate any law or regulation, including any applicable export control laws, that would cause Leverage Capital to violate any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);
Not to post any content that violate any copyrights, patents, trademarks, trade secrets, or any other intellectual property or other rights of others;
Not to post any content that disparage any third-party or Leverage Capital;
Not to post any content that you know to be false, fraudulent, deceptive, misleading, or inaccurate or that misrepresents your identity or affiliation with any person or company;
Not to post any harmful, torturous, threatening, harassing, libelous, scandalous, defamatory, or another persons private information, or any content that is likely to cause emotional distress;
Not to jeopardize the security of your Leverage Capital account or anyone else’s (such as allowing someone else to log in to the Service as you);
Not to attempt, in any manner, to obtain the password, account, or other security information from any other user;
Not to run any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
Not to run any form of “crawler,” “scraper,” or “spider” on any page, any data, or any portion of or relating to the Service or Content (through use of manual or automated means);
Not to copy or store any significant portion of the Content;
Not to directly or indirectly decipher, disassemble, decompile, reverse engineer, or otherwise attempt to derive or obtain any source code or underlying ideas or information of or relating to the Service;
Not to post any content that constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
Not to take any action that imposes or may impose (as determined by Leverage Capital in its sole discretion) an unreasonable or disproportionately large burden or load on Leverage Capital’s or its third-party providers’ infrastructure;
Not to modify, translate, or otherwise create derivative works of any part of any Service;
Not to copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Leverage Capital or any third party;
Not to circumvent or attempt to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
Not use as any name or term that is the name of another person, with the intent to impersonate any person or entity, including any employee or representative of Leverage Capital; and
Not to violate the security of any computer network, or crack any passwords or security encryption codes or circumvent any security-related feature of any Service, including those designed to limit copying or reproduction of the Content.

A violation of any of the foregoing is grounds for account suspension,termination of your right to use or access the Service, and legal action against you.

Registration

Disclaimer of Warranty

Quality Standards

Be presented in the English language;
Contain all required fields and data;
Be presented in a professional manner;
Not contain any untrue statement of a material fact or omit to state a material fact;
Not contain any confidential information;
Contain clear data presentation;
Present a complete and accurate view of the Project and/or Business;
Present a complete and accurate view of the Project/Business Plan required for due-diligence to deliver the AGC;
Present a complete and accurate view of the team, advisors, investors, shareholders and any other relevant party;
Present a clear presentation summary;
Have an updated personal, professional, project and company profile on Leverage Capital;
Have founders and team members with full profiles;
Be clear and concise;
Use proper grammar, punctuation and spelling;
Use a professional tone; and
Present a Project/Company in the manner, maturity and documentation that is customarily expected of companies looking-for significant capital;
Include a summary presentation “deck” in Keynote, Powerpoint, or presentation style PDF to be displayed on a boardroom monitor for evaluation by Leverage Capital team members and Leverage Capital Partners as part of the initial step.

Limitation of Obligations

Leverage Capital has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide, but Leverage Capital does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf;
If Leverage Capital provides AGC to any business, every AGC is unique, and Leverage Capital is not obligated to make that AGC opportunity available to anyone else.

Termination

Waiver of Injunctive or Other Equitable Relief

Indemnification

Limitation of Liability

California Users:

Jurisdiction — Governing Law and Arbitration

Electronic Delivery – Notice Policy – Consent

Integration and Severability

Miscellaneous

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICES MADE AVAILABLE BY LEVERAGE CAPITAL (DEFINED BELOW). THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US.

Updated March 01, 2020

1. Background

2. Introduction

By using any Service, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy.

If you do not agree to comply with and be bound by the Terms, you may not access this website or use any of the information contained herein.

3. No Professional Advice

4. No Endorsement

5. Accessibility

6. Privacy and Collection of Personal Information

7. Changes to Terms

8. Important Notices Applicable to Your Use of the Leverage Capital Services

Leverage Capital is in the business of providing Affordable Growth Capital (“AGC”) to good projects. Neither the information nor any opinion expressed on or through any Service constitutes an offer by Leverage Capital to buy or sell any securities or financial instruments or provide any investment advice or related services. No Leverage Capital Service shall be construed as an offer to sell, or as a solicitation of an offer to purchase, any securities.
The information provided on or through the Leverage Capital Services by us or our Users (defined below) about AGC opportunities may not be available to or suitable for you. Not all strategies are appropriate at all times.
The opinions expressed on or through the Leverage Capital Services do not constitute investment advice. Leverage Capital does not offer investing type services and does not offer securities for sale. Independent advice should be sought in all cases before investing in securities.
Although the AGC made available on or through the Leverage Capital Services may have tax consequences we do not provide tax advice. Partner-Client tax affairs are their responsibility and they should consult their experts to understand the tax consequences of any AGC made available on or through the Leverage Capital Services.
Leverage Capital does not initially conduct any diligence or review of the Projects and/or Companies registering on the Leverage Capital site or made available on or through the Leverage Capital Services. Only once a properly registered and formal intent to proceed (that strictly stipulates that Leverage Capital is in no way creating an environment to coerce or in any way violate any Securities laws and/or regulations, in any jurisdiction, and that Leverage Capital is not asked to act as a registered or licensed broker-dealer, funding portal, investment advisor or investment manager) will Leverage Capital proceed to conduct any diligence, review or contact with the person regarding their Project and/or Company.
By using this Site, you consent to Leverage Capital contacting you and marketing to you through e-mail, text messaging, social media, and serving of ads to you through third parties such as Facebook, Google and others. When you fill out, totally or partially, any form or otherwise provide Leverage Capital with any of your personal information on the Site by creating a Registered Account or otherwise, or through any third-party service implemented on the Site, you consent to us sending you marketing materials about any matter that Leverage Capital wishes to send to you related to our Services and the companies or Users using Leverage Capital’s services. You will have the right to opt out of any e-mail or text message marketing once you have received such marketing materials from us.
Leverage Capital uses cookies and other similar technologies to improve your browsing experience and the functionality of our Site. By clicking “Accept Cookies” you consent to the storing on your device of all the technologies described in our Cookie Policy. We also urge you to read our Privacy Policy and this entire Terms of Use to better understand how we maintain our site, and how we may collect and use visitor data.

9. Service Content, Ownership, Limited License and Rights of Others

9.1. Content.

9.2. Ownership.

9.3. Rights of Others.

Eligibility for Use of Leverage Capital Services

User Content

User Conduct

You understand that Leverage Capital owns the Service. As a condition of your use of the Leverage Capital Services you represent, warrant and agree:

Not to post any content for AGC or other related materials where you have no intent to complete an AGC transaction;
Not to post any material that is obscene, lewd, lascivious, pornographic, contains nudity or visual depictions of sexual acts, excessively violent, harassing, or otherwise objectionable;
Not to violate any applicable local, state, national, and international laws and regulations;
Not to violate any law or regulation, including any applicable export control laws, that would cause Leverage Capital to violate any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);
Not to post any content that violate any copyrights, patents, trademarks, trade secrets, or any other intellectual property or other rights of others;
Not to post any content that disparage any third-party or Leverage Capital;
Not to post any content that you know to be false, fraudulent, deceptive, misleading, or inaccurate or that misrepresents your identity or affiliation with any person or company;
Not to post any harmful, torturous, threatening, harassing, libelous, scandalous, defamatory, or another persons private information, or any content that is likely to cause emotional distress;
Not to jeopardize the security of your Leverage Capital account or anyone else’s (such as allowing someone else to log in to the Service as you);
Not to attempt, in any manner, to obtain the password, account, or other security information from any other user;
Not to run any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);
Not to run any form of “crawler,” “scraper,” or “spider” on any page, any data, or any portion of or relating to the Service or Content (through use of manual or automated means);
Not to copy or store any significant portion of the Content;
Not to directly or indirectly decipher, disassemble, decompile, reverse engineer, or otherwise attempt to derive or obtain any source code or underlying ideas or information of or relating to the Service;
Not to post any content that constitute unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
Not to take any action that imposes or may impose (as determined by Leverage Capital in its sole discretion) an unreasonable or disproportionately large burden or load on Leverage Capital’s or its third-party providers’ infrastructure;
Not to modify, translate, or otherwise create derivative works of any part of any Service;
Not to copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Leverage Capital or any third party;
Not to circumvent or attempt to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);
Not use as any name or term that is the name of another person, with the intent to impersonate any person or entity, including any employee or representative of Leverage Capital; and
Not to violate the security of any computer network, or crack any passwords or security encryption codes or circumvent any security-related feature of any Service, including those designed to limit copying or reproduction of the Content.

A violation of any of the foregoing is grounds for account suspension,termination of your right to use or access the Service, and legal action against you.

Registration

Disclaimer of Warranty

Quality Standards

Be presented in the English language;
Contain all required fields and data;
Be presented in a professional manner;
Not contain any untrue statement of a material fact or omit to state a material fact;
Not contain any confidential information;
Contain clear data presentation;
Present a complete and accurate view of the Project and/or Business;
Present a complete and accurate view of the Project/Business Plan required for due-diligence to deliver the AGC;
Present a complete and accurate view of the team, advisors, investors, shareholders and any other relevant party;
Present a clear presentation summary;
Have an updated personal, professional, project and company profile on Leverage Capital;
Have founders and team members with full profiles;
Be clear and concise;
Use proper grammar, punctuation and spelling;
Use a professional tone; and
Present a Project/Company in the manner, maturity and documentation that is customarily expected of companies looking-for significant capital;
Include a summary presentation “deck” in Keynote, Powerpoint, or presentation style PDF to be displayed on a boardroom monitor for evaluation by Leverage Capital team members and Leverage Capital Partners as part of the initial step.

Limitation of Obligations

Leverage Capital has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide, but Leverage Capital does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf;
If Leverage Capital provides AGC to any business, every AGC is unique, and Leverage Capital is not obligated to make that AGC opportunity available to anyone else.

Termination

Waiver of Injunctive or Other Equitable Relief

Indemnification

Limitation of Liability

California Users:

Jurisdiction — Governing Law and Arbitration

Electronic Delivery – Notice Policy – Consent

Integration and Severability

Miscellaneous