Terms of Use

Effective Date: 5/28/2021

These Terms of Use (“Terms”) are a legal agreement between you and Casa Verde Capital, LLC (“Casa Verde,” “we,” “us,” or “our”) that governs your access and use of our website with a main page located at casaverdecapital.com (the “Website”) and your provision of ideas, comments, data, documents and other materials to us (“User Content”) through the Website or otherwise.  By accessing or in any way using the Website (other than to read these Terms), or by providing us User Content in any way, you are indicating that (i) you have read, understand, and agree to be bound by these Terms, and (ii) you consent to our collection, use, disclosure and other handling of personal information as set forth in our Privacy Policy.  If you do not agree to these Terms, you may not access or use our Website, and you may not provide us User Content.

An individual who accesses or otherwise uses the Website (or who otherwise submits materials to us) on behalf of an entity, or in such individual’s capacity as part of an entity, represents and warrants that such individual has authority to bind that entity to these Terms.  By agreeing to these Terms, such individual does so on behalf of that entity (and all references to “you” in these Terms refer to that entity).  Where no such entity is involved, references to “you” refer to the individual who accesses or otherwise uses the Website (or who otherwise submits material to us).

We may update these Terms, as detailed further below in Section 9.  You are responsible for regularly reviewing this page of our Website for updates to these Terms.

1. Eligibility and Information

You must be at least eighteen years of age to use the Website or to otherwise send User Content to us. By signing up or providing User Content, you promise us that you are over eighteen, and that the information you have provided is true, accurate, and complete as of the date you provide such information, and that you will promptly update your information should it change.

2. User Content

Our Website may enable you to submit User Content to us. For example, you may submit User Content through the “Looking for Funding” or “Looking to Invest” pages. You also might provide it to us through other means, such as email or live discussion.

You agree not to provide User Content to Casa Verde that constitutes a trade secret or is is otherise confidential, proprietary, or subject to restrictions. You hereby authorize Casa Verde to ignore any indications or statements in the User Content that purport to indicate that you have breached the preceding sentence, such as a “Confidential” marking.  Casa Verde does not agree to obligations of confidentiality, non-disclosure, or use limitations with regard to any such User Content, and you agree not to attempt to enforce (i) any purported limitations on our use, disclosure, modification, or other handling of the User Content or (ii) any purported contractual provisions in the User Content, any of which are hereby rejected.  

By submitting User Content to Casa Verde, you irrevocably authorize Casa Verda to use, disclose, and modify such material in any manner and for any purpose, without restriction.  Casa Verde is not obligated to review any User Content.  Casa Verde reserves the right to ignore or reject User Content in its sole discretion, and Casa Verde has no obligation to preserve, destroy, or return any User Content. 

You agree that it is very possible that Casa Verde will receive (or has already received) material that is substantially similar to any User Content you provide, and that Casa Verde may already be taking action based on such other material.  Regardless, we are free to do business with others and assist third parties based on ideas and concepts sourced from your User Content.  In no event will Casa Verde be limited or restricted from pursuing any opportunities with others.

All of your suggestions for correction, change, or modification to the Website will be the property of Casa Verde, and you hereby assign any rights in such feedback to Casa Verde.

3. Our Proprietary Rights

The Website, including any content that forms part of the Website, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright. All content and related intellectual property rights are the sole and exclusive property of Casa Verde or its licensor. Except as otherwise provided herein, no content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, replicated, reverse- or re-engineered, posted or transmitted in any form or by any means without our express prior written permission. All rights not expressly granted by Casa Verde in these Terms are expressly reserved.

4. Links

The Website may provide links to third-party websites or resources, such as websites operated by our portfolio companies. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for such linked websites or resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites or resources. You also acknowledge and agree that these third-party websites may have their own terms of use and privacy policy to which you may be bound.

5. Acceptable Use of Casa Verde’s Website

You will not:

  • Copy, download, modify, distribute, transmit, display, perform, reproduce, broadcast, duplicate, publish, license, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Website.
  • Submit or otherwise make available any material that contains any software, device, instructions, computer code, files, programs, and/or other content or feature that is designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
  • Do anything that could disable, overburden, or impair the proper working of our Website; or interfere with our Website’s appearance, security, or functionality.
  • Submit, utilize, or otherwise make available any other party’s intellectual property unless you have the right to do so, whether through an assignment of rights, use waiver, license, or otherwise.
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make.
  • Submit content or otherwise engage in activity that: harasses, abuses, or threatens any other person, or that contains obscene content; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification; or is unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy.
  • Scrape, access, monitor, index, frame, link, or copy any content or information on the Website by accessing the Website in an automated way, using any robot, spider, scraper, web crawler, or any method of access other than manually accessing the publicly available portions of the Website through an unmodified consumer browser, screen reader or similar tool designed and used only for your individual, household use.
  • Violate the law or encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • Violate any guidelines or policies posted by us.

 

We may, in our sole discretion, block your access to the Website or otherwise prohibit you from accessing it, and you will comply with the prohibition. You agree to immediately notify us using the information in the Contact Us section below upon learning of any unauthorized use, misuse, or abuse of the Website.

6. Liability, Warranty Disclaimers, and Other Legal Information

6.1 Warranty Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, SOFTWARE, TECHNOLOGY, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT COMPLETELY APPLY TO YOU.

6.2 Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CASA VERDE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, JOINT-VENTURERS, AND OTHER PARTNERS (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING) (THE “CASA VERDE PARTIES”), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE WEBSITE TERMS OR PRIVACY POLICY, YOUR SUBMISSION OR TRANSMISSION OF USER CONTENT TO US, THE USER CONTENT ITSELF, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE CASA VERDE PARTIES RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU WILL NOT SETTLE ANY CLAIM OR DEMAND SUBJECT TO THIS PARAGRAPH WITHOUT OUR WRITTEN CONSENT.

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CASA VERDE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Governing Law and Dispute Resolution

These Terms, and any actions, suits, or proceedings arising out of, relating to, or concerning these Terms (“Claims”), shall be interpreted and construed under the substantive laws of the State of California without reference to its conflict of laws principles. Each party hereto irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, for any Claims (and each party agrees not to commence any action, suit or proceeding relating thereto except in such courts). Each party hereto hereby irrevocably and unconditionally waives any objection to the laying of the venue of any actions, suit or proceeding arising out of these Terms, in the federal and state courts located in Los Angeles, California, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit, or proceeding brought in any such court has been brought in an inconvenient forum. 

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. YOU AND CASA VERDE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Miscellaneous

8.1 Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Website and User Content, and these Terms supersede any prior agreements, oral or written, between you and us with respect to such subject matter. The section titles in the Terms are for convenience only and have no legal or contractual effect.

8.2 Waiver and Severability of Terms

The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the other provisions of the Terms remain in full force and effect.

8.3 Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

9. Changes to These Terms

We reserve the right to make changes to these Terms, such as to reflect changes in the law or to our Website. These Terms, including any changes to these terms, will be posted on our Website. You are responsible for regularly reviewing our Website and these Terms to obtain notice of such modifications. Your continued use of Casa Verde’s Website or submission of User Content following an update to the Terms will constitute your acceptance of the updated Terms.

10. Contact Us

If you have questions about these Terms, please contact us at Privacy@Casaverdecapital.com