Terms of Use

Terms of Use
Last Revised: November 24, 2006

The webpages available at www.venturecapitalupdate.com, and all linked pages (the “Site”) are owned and operated by Ricochet Communications, LLC (“RC”), a Virginia entity.

THE INFORMATION WITHIN THIS SITE IS BEING PRESENTED SOLELY AS OPINION, NOT FACT, AND SHOULD NOT BE RELIED ON FOR ANY PURPOSE.

BY VISITING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ELIGIBILITY
By using this Site you represent and warrant that you are 14 years of age or older and that your use of the site shall not violate any applicable law or regulation.

Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

RC reserves the right to revise, amend, or modify these Terms of Use and our other policies, guidelines, and rules at any time and in any manner. You should periodically check this web page for any modifications regarding these Terms of Use by re-visiting this web page and using the refresh button on your browser. You should note the date of last revision to this page, which appears at the top of this page. If the “last revised” date remains unchanged, after you have clicked the refresh button on his/her browser, you may presume that no changes have been made since the last reading of the document. A changed last revised date indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. You may use and access the Site only in accordance with these Terms of Use. Please consult these Terms of Use regularly and read them carefully before using the Site. You affirm that you have read and understand, agree and consent to these Terms of Use.

SITE CONTENT
Subject to full compliance with the Terms of Use, RC may offer to provide certain services and content, as described more fully on the Site, (“Services”). Services shall include, but not be limited to, any service and content RC performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, RSS feeds, photographs, video, images, illustrations, software, audio clips and video clips, also known as the “Content”) on the Site. RC may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. RC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without RC’s express prior written consent.

REGISTRATION
As a condition to using Services, you may be required to register with the Site and select a password and screen name (“ID”). You shall provide the Site with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Site account. You may not (i) select or use as a ID an name of another person with the intent to impersonate that person; (ii) use as an ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as an ID a name that is otherwise offensive, vulgar or obscene. RC reserves the right to refuse registration of, or cancel an ID in its discretion.

Certain features or Service offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify RC immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by RC or any other user of or visitor to the Site due to someone else
using your ID, password or account.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. RC will not be liable for any loss or damage arising from your failure to comply with these obligations.

USE
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by RC.

By way of example, and not as a limitation, you agree not to use the Services to:

abuse, harass, threaten, impersonate or intimidate other Site users;

deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. RC reserves the right to bar any such activity; contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any RC server, or to any of the Services offered on or through the Site, by hacking, password mining or any other illegitimate means;

use the site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the Site, including any Site account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;

post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any site user;

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or RC’s systems or networks, or any systems or networks connected to the Site or to RC;

use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;

create or submit unwanted email (“Spam”) to any other users or any URL;

violate any laws in your jurisdiction (including but not limited to copyright laws);

forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to RC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity;

submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;

use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of RC or others;

use any (with the exception of accessing RSS feeds) robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
(a) take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(b) interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; or
(c) bypass any measures we may use to prevent or restrict access to the Site, and create separate user accounts with the intention of artificially inflating the votes, ratings, counts, comments, or any other Site service.

RC may remove any Content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

CONTENT
We retain the right to review and delete any content, messages, photos or profiles collectively, “Personal Content”) that in the sole judgment of RC violates these Terms of Use or which may be offensive, undesirable, illegal, harmful or violate the rights of others, or threaten the safety of any Member or the general public. You are solely responsible for the Personal Content that you publish or display (hereinafter, “post”) on the site or any material or information that you transmit to other Members. By posting any Personal Content to the public areas of the site, you hereby grant to RC the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Personal Content on the site. This license will terminate at the time you remove such Personal Content from the site.

PURCHASES, PROMOTIONS, and CONTESTS
Additional terms and conditions may apply to purchases of goods or Service and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such Service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any Service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the Service.

LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RC has no control over such sites and resources, you acknowledge and agree that RC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that RC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

COPYRIGHT COMPLAINTS
RC respects the intellectual property of others. If you believe your work has been copied in a way that constitutes infringement on the Site or via the Service offered through the Site, please provide the following information to RC at brian@poallc.com
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the
material that you claim is infringing is located on the site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner’s behalf.

Once RC receives your notice, it will thoroughly investigate the matter and respond to you with its results, in no event later than 30 days after receipt of your notice.

PRIVACY POLICY
This Site’s current privacy policy is available at http://www.venturecapitalupdate.com/privacy-policy (the “Privacy Policy”), which is incorporated by this reference.

WARRANTY DISCLAIMERS
You acknowledge that RC has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release RC from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. RC makes no representations concerning any content contained in or accessed through the Site, and RC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

RC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE, SERVICE AND RC’s CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES.

LIMITATION OF LIABILITY
IN NO EVENT SHALL RC OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS, MONIES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

If, notwithstanding the other provisions of these Terms of Use, RC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, RC’s liability shall in no event exceed US $10.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or Service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and RC with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and RC with respect to such use are hereby superseded and cancelled. RC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. RC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by RC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between RC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind RC in any respect whatsoever. 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. RC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with RC’s prior written consent. RC may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Virginia as if made within Virginia between two residents thereof, and the parties submit to the exclusive jurisdiction of Virginia.

Notwithstanding the foregoing sentence, (but without limiting RC’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Fairfax, Virginia, using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

INDEMNITY
You agree to indemnify and hold RC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against RC by any third party due to or arising out of or in connection with your use of the Site, including, but not limited to, Your Content.

YOUR IDEAS
Neither RC nor any of its employees accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when RC’s products or marketing strategies might seem similar to ideas submitted to RC.

If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

1. your ideas automatically become the property of RC, without compensation to you; and
2. RC can use the ideas for any purpose and in any way, even give them to others.

VIOLATION OF THESE TERMS OF USE
RC may terminate or suspend, and/or block your future access to the Site, Service, or any Content any and all Services and your Site account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Site account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. RC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentional) RC’s rights or property, or the rights or property of visitors to or users of the Site, including RC’s customers. RC reserves the right at all times to disclose any information that RC deems necessary to comply with any applicable law, regulation, legal process or governmental request. RC also may disclose your information when RC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

To report Terms of Use abuse, please email: brian@poallc.com

The information contained in this web site is subject to change without notice.

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