Welcome to the Terms of Use for the pythiacapital.io website™ (the
"Website"). **Please read this web page carefully** -- it states the
Terms of Use under which you may access, interact with, and otherwise
use the Website. As used herein, the words "user," "you" and "your" mean
users of the Website and the words "we," "our," "Pythia Capital," and
"PC" mean Pythia Capital, LLC, the owner and operator of the Website.
These terms of use constitute a binding legal agreement (the
"Agreement") between you and Pythia Capital.
By using the Website you agree to be legally bound by the terms and
conditions set forth in this Agreement. If you do not accept the terms
stated here, do not use the Website. This Agreement is subject to change
and may be modified unilaterally by us at any time, and any such
modification shall be effective immediately upon posting of the modified
Agreement on the Website.
General Terms
The Website is a venue with the primary purpose of connecting PC and
like-minded accredited investors and series entrepreneurs. Accordingly,
the only people who are authorized to create accounts on this site are
"accredited investors" (as that term is defined in Rule 501 of the
Securities Act of 1933, as amended) who are familiar with and willing to
accept the high risk associated with investing in small public and
private companies. We do not and cannot guarantee, however, that any
user of this site is in fact an accredited investor. In addition, while
our mission is to provide valuable information to users, there may be
content provided or generated by us, users or third parties that is
incorrect. The Website may contain inaccuracies or typographical errors.
Information on the Website has been obtained from businesses,
individuals and other third party sources. We do not have control over
all of the content published on the Website, and are not an investment
adviser, broker, dealer, placement agent, salesman or other agent or
intermediary. Any agreements or business relationships you enter into
with another person or entity, and any decisions you make facilitated
through the Website are strictly your own. The publication on the
Website of any content does not constitute or imply an endorsement or
recommendation by PC or an assurance of legality, quality or safety by
PC. PC shall not be responsible for any offer, sale, purchase or other
transaction made, content posted, or other communications made by anyone
posting information or offering services on the Website.
PC is not obligated to screen communications or postings in advance and
is not responsible for screening or monitoring the Website or its posted
content. However, you acknowledge and agree that we have the right to
monitor the Website electronically from time to time in our sole
discretion, and to disclose any information as necessary or appropriate
to satisfy any law, regulation or other governmental request, to operate
the Website properly, or to protect Pythia Capital or its users.
If we are notified of communications or content that allegedly do not
conform to this Agreement, we may investigate the allegation and
determine in our sole discretion whether to remove or request the
removal of the content or termination of use of the Website. We have no
liability or responsibility to users for performance or nonperformance
of such activities. If you view content or receive communications
allegedly inconsistent with this Agreement, you may send an e-mail
[[email protected]](http://[email protected]) stating the
observed behavior. Following receipt of such correspondence, decisions
will be made regarding user terminations, removal of posted content, or
other actions deemed appropriate by PC in its sole discretion. All
decisions made by PC are final and do not imply nor impose, on PC, any
responsibility or liability for the form, intent, or accuracy of the
original, or any future, posted content by or communications between
anyone.
**THE USE, POSTING, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT OR
INFORMATION DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION,
ADVICE, OPINION OR COMMENT BY PC NOR AN ASSURANCE OF LEGALITY, QUALITY
OR SAFETY BY PC. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR
VERIFYING, THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION PROVIDED BY
OTHER USERS OF THE WEBSITE NOR DO WE GUARANTEE, AND ASSUME NO
RESPONSIBILITY FOR VERIFYING, THAT ANY USER IS AN ACCREDITED INVESTOR OR
MEETS ANY OTHER QUALIFICATION. **
PC is not a registered broker or dealer or registered investment adviser
under any state or federal law. PC does not sell or offer to sell any
securities and no information contained on this site is intended to
constitute or to be interpreted as any such offer.
All content on this Website, including, without limitation, any content
generated by PC, is strictly for informational purposed only and does
not constitute business, financial, investment, hedging, trading, legal,
regulatory, tax or accounting advice or services. The Website may
contain or deliver advertising or sponsorships. Advertisers and sponsors
are responsible for ensuring that material submitted for inclusion is
accurate and complies with applicable laws. We are not responsible for
the illegality or any error, inaccuracy or problem in any advertiser's
or sponsor's content.
In addition to all other representations and agreements made by you in
this Agreement, by using the Website, you expressly represent and agree:
Agreement on your own behalf and on behalf on any entity for whom
you are acting and to abide by all of the terms and conditions
contained herein, and that if any aspect of your participation in
this Website violates provisions of federal or local law to which
you are subject, you will cease using the Website and close your
account.
content that is not false or misleading and that you have a right to
provide to us and to allow us to display through the Website ---
which means that you have adequate rights to all copyrights,
trademarks, trade secrets, intellectual property or other material
provided by you for display by us.
do not have the right to submit content for such use, it may subject
you to liability. We will not be responsible or liable for any use
of your content in accordance with this Agreement.\
that you are not relying on PC and that you understand that we do
not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, legality or reliability of any content or
communications posted on the Website or endorse any opinions
expressed through the Website.
provide any personalized investment advice attuned or tailored to
your individual concerns, but rather offers only disinterested
commentary and analysis of certain public and private companies
through its newsletter, blog and other features.
transaction with another user or any company identified through the
Website is done so entirely at your own risk; any communication,
agreements or business relationships you enter into with any such
other user or company identified through the Website are strictly
your own; and you are solely responsible for conducting any legal,
accounting or due diligence review and for obtaining your own third
party professional advice to protect your interests including,
legal, accounting and tax advice in connection therewith.
transaction with any \[advisory board member\] is done so entirely
at your own risk and any communication, agreements or business
relationships you enter into with any such \[advisory board member,
and any decisions you make facilitated through any such \[advisory
board member\] or otherwise through the Website are strictly your
own.
Copyright, Trademark and Other Restrictions
The Website and its contents (including text, graphics, images and other
materials), and the hypertext markup language (HTML), scripts, active
server pages (ASP), or other content or software used in the Website
(collectively, the "Material"), are protected by copyright under United
States and foreign laws. All rights reserved. Unauthorized use of the
Material may violate copyright, trademark, and other laws. You may view
and download a single copy of content on the Website solely for lawful,
non-commercial and personal use as expressly permitted by and subject to
the restrictions contained in this Agreement. Regardless of the extent
to which the Material is protected by copyright you agree that you may
not sell or modify the Material or copy, display, retransmit,
distribute, disseminate, sell, publish, broadcast, or otherwise use
Material in any form or media for any public or commercial purpose,
including the generation of derivative material, except as expressly
permitted by PC. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you make of the
Material.
Pythia Capital™, its logo and other marks are tradenames and trademarks
of PC. PC's tradenames and trademarks may not be used by the user in
connection with any product or service that is not offered by PC, in any
manner that is likely to cause confusion in the marketplace, or that
disparages or discredits PC. Other trademarks, product names and company
names or logos used on the Website are the property of their respective
owners.
Any information, materials, suggestions, ideas or comments that you post
on the Website will be deemed non-confidential. By submitting any such
information, you are granting PC an irrevocable, world-wide,
royalty-free and unrestricted license to use, modify, reproduce,
transmit, display and distribute such information, materials,
suggestions, ideas or comments for any purpose whatsoever.
You may not use the Website or the Material in any manner, or post,
transmit, display, publish or distribute any content, that: violates
this Agreement; infringes the copyright, trademark, trade secret or
other intellectual property rights of others; violates the privacy or
publicity or other personal rights of others; is fraudulent, deceptive,
defamatory, obscene, threatening, harassing, abusive, hateful, or
embarrassing to another user or any other person or entity, including
without limitation, sexually explicit or parody image or text, chain
letters or pyramid schemes, or violates applicable laws, including
without limitation, federal and state securities laws and regulations.
Except as specifically authorized in advance by PC, users may not
deep-link to the Website for any purpose or use any robot, spider or
other automatic device or process to monitor or copy any portion of the
Website.
Infringement Notices
It is PC's policy to respond to claims of intellectual property
infringement. We will promptly process and investigate notices of
alleged infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) ("DMCA") and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement
should be sent to a service provider's "Designated Agent." Notification
must be submitted to the following Designated Agent for this Website:
To be effective, the notification must be a written communication that
includes the following:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
3. Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number
and, if available, an electronic mail address at which the
complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate
and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Disclaimers and Limitations
The website and the material are provided on an 'as is' and 'as
available' basis without any warranties of any kind. To the fullest
extent permitted by law, PC disclaims all warranties, including the
warranty of merchantability, non-infringement or third party rights, and
the warranty of fitness for a particular purpose. PC makes no warranties
about the accuracy, reliability, completeness, intent, usefulness, or
timeliness of the material, content, services and links or that the
Website will be uninterrupted or error-free.
The Website may provide links to external Web sites. Any Web site you
may access through the Website is independent, and PC has no control
over, or responsibility with respect to, the information provided or
activities undertaken by any such Web site. You need to make your own
independent decisions regarding your interactions or communications with
any other Web site.
PC is not responsible for determining whether any user is an accredited
investor or meets any other qualification. PC has no obligation to
review or display any content received from any source, nor are we
obligated to introduce any user or company to any other user, person or
entity or any \[advisory board member.\]
In no event shall PC, its affiliates, agents, suppliers, partners and
their respective officers, directors, employees, contractors and agents
(in each case, a "Released Party") be liable for any damages whatsoever
(including without limitation, direct, indirect, incidental,
consequential, punitive and exemplary damages, lost revenues, or damages
resulting from lost data, inconvenience or business interruption)
resulting from the use or inability to use the Website, whether based on
warranty, contract, tort, or any other legal theory, and whether or not
such Released Party is advised of the possibility of such damages. In no
event shall any Released Party be liable to you or anyone else for any
decision made or action taken by you or anyone else in reliance on this
Website or the information contained herein. In no event shall the
aggregate liability to you for all claims directly or indirectly arising
from the use of the Website exceed one dollar (\$1.00). Some
jurisdictions do not allow the limitation of liability, so the foregoing
limitation may not apply to you.
Each party recognizes and agrees that the warranty disclaimers and
liability and remedy limitations in this Agreement are material
bargained for bases of this Agreement and that they have been taken into
account and reflected in determining the consideration to be given by
each party under this Agreement and in the decision by each party to
enter into this Agreement.
Indemnity and Release
As a material inducement to provide you with use of the Website, you
hereby indemnify, defend and hold each Released Party harmless from and
against any and all demands, damages, liability, claims, actions,
demands and costs incurred by such Released Party in connection with any
claim arising out of any breach by you of this Agreement, including,
reasonable attorneys' fees and costs.
If you have a dispute involving the Website with a third party, you
release each Released Party from all claims, demands, damages,
liability, claims, actions, demands and costs of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If you are a
California resident, you waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
Privacy
Disclosure and use of information obtained from users is subject to PC's
Privacy Policy.
Governing Law and Jurisdiction
This Agreement is governed by the internal substantive laws of the
Commonwealth of Massachusetts, without regard to its conflict of law
principles. Jurisdiction for any claims arising under this Agreement
shall lie exclusively with the state or federal courts in Boston,
Massachusetts where PC has its principal place of business. If you
access the Website from outside of the United States, you do so at your
own risk and are responsible for compliance with the laws of your
jurisdiction.
Subdomains
[These terms apply to all websites across pythiacapital.io and its
subdomains. Subdomains include but are not limited to
edge.pythiacapital.io, garden.pythiacapital.io, and
vault.pythiacapital.io.]{.mark}
Questions