Ag Startup Engine Fund LLC
Website Terms of Use
Effective March 18, 2019
Introduction
These Terms of Use will govern your interactions with the website.
Acceptance of the Terms of Use
These terms of use are entered into by and between You and the Ag Startup Engine Fund LLC, its affiliates and subsidiaries (“Company” or “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our website www.agstartupengine.com (our "Website"), including any content, functionality and services offered on or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.agstartupengine.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Age of Access
This Website is offered and available to users who are [18] years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use, register, or provide any information on this Website or on or through any of its features, make any purchases through the Website, use any interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental/guardian consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@agstartupengine.com.
Geographic Restrictions
The owner of the Website is based in the state of Iowa in the United States. We provide this Website for use only by persons located in the United States or non-European Union or non-European Economic Area countries. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. If we make material changes to these Terms of Use, we will provide you notice through our Website pop-ups, or by other means, to provide you the opportunity to review the changes before they become effective.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Obligations
Here are some of the promises that you make to us by your acceptance of these Terms of Use:
Notices and Messages
By accessing our Website, you agree to the following:
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You consent to us providing notices and messages to you regarding our Website or services. If your contact information is out of date, you may miss out on important notices.
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You agree that we will provide notices and messages to you in the following ways: (1) within the Website, or (2) sent to the contact information you provided us (e.g. email, phone number, physical address). You agree to keep your contact information up to date.
Rights and Limits
You own your information
You own all of the content, feedback, and personal information you provide to us. We’ll honor the choices you make about how we use your information. You and the
Company agree that if any of your information includes personal data, it is subject to our Privacy Policy.
You and the Company agree that we may access, store, process and use any information and personal data that you provide in accordance with these Terms of Use and our Privacy Policy.
You agree to only provide information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that information you provide will be truthful. The Company may be required by law to remove certain information.
Other Content, Sites and Apps
By using our Website or services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse.
You are responsible for deciding if you want to access or use third-party apps or websites that may link from our Website or services. If you allow a third-party app or website to authenticate you, that app or website may be able to access information related to you. Third-party apps and websites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, the Company is not responsible for these other websites and apps––use these at your own risk. Please see our Privacy Policy.
Limits
The Company reserves the right to limit your use of our Website or services, including the number of your connections. The Company reserves the right to restrict, suspend, or terminate your Account if the Company believes that you may be in breach of these Terms of Use, our Privacy Policy, or law or are misusing the Website or our services.
Intellectual Property Rights
The Company reserves all of its intellectual property rights in our Website and services. Using the Website or services does not give you any ownership in our services or the content or information made available through our Website or services. Trademarks and logos used in connection with the Website or services are the trademarks of their respective owners.
Automated Processing
We will use the information and data that you provide and that we obtain about you to make recommendations for connections, content and features that may be useful to you. For example, we may use data and information about you to recommend products to you. Keeping your information accurate and up-to-date helps us to make these recommendations more accurate and relevant.
Disclaimer and Limit of Liability
No Warranty
TO THE EXTENT ALLOWED UNDER LAW, THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE COMPANY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) $1,000 USD.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE COMPANY OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Termination
Both you and the Company may terminate their agreement under these Terms of Use at any time without notice to the other. On termination, you lose the right to access or use the services. The following shall survive termination:
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Our rights to use and disclose your feedback;
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The following Sections of these Terms of Use: Disclaimer and Limit of Liability; Governing Law and Dispute Resolution; and General Terms;
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Any amounts owed by either party prior to termination remain owed after termination.
If you created an Account, you can contact us using our Contact Information below to close your Account.
Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, you and Company agree that the laws of the State of Iowa, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms of Use and/or the services. You and Company both agree that all claims and disputes can be litigated only in the federal or state courts in Story County, Iowa, USA, and you and the Company each agree to personal jurisdiction in those courts.
General Terms
If a court with authority over these Terms of Use finds any part of them unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms of Use.
If we don't act to enforce a breach of these Terms of Use, that does not mean that we have waived our right to enforce these Terms of Use. You may not assign or transfer your rights under these Terms of Use to anyone without our consent. However, you agree that we may assign our rights under these Terms of Use without your consent. There are no third-party beneficiaries to these Terms of Use.
You agree that the only way to provide us legal notice is at the addresses provided in the “Contact Information” section below.
Contact Information
All questions, comments and requests regarding these Terms of Use should be addressed to:
Ag Startup Engine Fund LLC
Attn: Joel Harris
2710 South Loop Dr
Ames Iowa, 50010