Terms of Use

These Terms of Use govern your use of the provariantequity.com website (the “Website”) provided by Provariant Equity Partners (“Provariant”). These Terms of Use apply to anyone who visits or otherwise uses the Website. BY USING THE SITE, YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY. If you do not agree with these Terms of Use, do not access, use, or provide any information on our Website.

 

UPDATES
We reserve the right to make changes to or update these Terms of Use over time, and we may do so from time to time without notice to you. We will notify you via the website landing page, however, if we make material modifications. Continued use of the Website following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms of Use. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

 

TERM AND TERMINATION

These Terms of Use will remain in full force and effect as long as you continue to access or use the Website, or until terminated in accordance with the provisions of these Terms of Use. At any time, and without prior notice, Provariant may suspend or terminate your rights to use the Website if Provariant believes in good faith that you have used the Website in violation of these Terms of Use.

 

ACCESSING THE SITE

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to certain users.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

PROHIBITED USES

You may only use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website to:

  • disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to, the Website or any computer network;
  • circumvent any technological measure implemented by Provariant or any of Provariant’s providers or any other third party (including another user of the Website) to protect the Website;
  • upload, transmit, distribute, or run any computer virus, worm, Trojan horse, or any computer code that could damage or alter a computer, portable device, computer network, communication network, data, the Website, or any other system, device, or property;
  • use any robot, spider, or other automated device to monitor or copy the web pages of the Website or any information provided on the Website without the express written permission of Provariant;
  • use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose without our prior written consent;
  • run Maillist, Listserv, or any form of auto-responder or “spam” on the Website;
  • attempt, in any manner, to obtain any password or other security information from any other user;
  • impersonate any other user, person, or entity (including, without limitation, using e-mail addresses associated with any of the forgoing);
  • provide referral information for someone else without first obtaining consent from the person being referred and notifying them that they may receive communication from Provariant; or
  • violate any applicable federal, state, local, or international law or regulation (including, without limitation, any law regarding the export of data or software to and from the U.S. or other countries).

 

No Offer of Securities – Disclosure of Interests

Under no circumstances should any material at this Website be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or investment fund. The material on this Website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Access to information about any accounts is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.

 

NO INVESTMENT, ACCOUNTING OR TAX ADVICE OFFERED

This website is intended solely to provide general information regarding Provariant. Provariant does not solicit or make its services available to the general public. Nothing on this Website is intended to be investment, accounting, tax or legal advice.

 

Third-Party Website Links and Referrals

The Website may contain links or references to third parties or third-party websites (“Third Party Websites”). In such cases, those Third Party Websites are not under our control. We may provide these links and references only as a convenience, and we do not review, approve, monitor, endorse, or make any representations or warranties with respect to them or any products and services offered by the third parties. We encourage you to review all applicable agreements, terms of use/service, and other policies of these Third Party Websites.

 

 

 

OWNERSHIP & Intellectual Property Rights

All materials on the Website, including text, graphics, logos, icons, and images, are the property of Provariant or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Website is the exclusive property of Provariant and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Website for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Website, or resell access to the Website, in any form or by any means without the prior written consent of Provariant. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Website may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. PROVARIANT EQUITY PARTNERS is the registered trademark of Provariant. The other trademarks, service marks, and logos used on the Website are trademarks of Provariant or others.

 

Geographic Restrictions

The owner of the Provariant Website is based in the United States. Provariant provides the Website for use only by persons located in the United States. Provariant makes no claims that the Website or any of its contents are accessible or appropriate outside the United States. Access and use of the Website may not be legal by certain persons or in certain countries. If you access or use the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

EQUITABLE RELIEF

You acknowledge and agree that any breach of these Terms of Use will result in irreparable harm to Provariant that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Provariant shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

 

DISCLAIMER OF WARRANTIES

THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PROVARIANT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE. PROVARIANT MAKES NO WARRANTY THAT (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR (B) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE. No information or advice obtained through the Website, or any other affirmation of Provariant, by words or actions, shall constitute a warranty.

You use any material distributed, downloaded, or accessed from the Website at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Provariant assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Website or any material found on the Website, or any other site to which the Website is linked, or any damages resulting from your reliance on materials posted on the Website.

IN NO EVENT SHALL PROVARIANT’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL PROVARIANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON PROVARIANT IN CONNECTION WITH THESE TERMS OF USE; OR THE USE OF OR INABILITY TO USE THE SITE. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

Provariant shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond Provariant’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY
You agree to indemnify and hold harmless Provariant and its directors, officers, employees, agents, suppliers, parents, affiliates, subsidiaries, successors and assigns, from and against any and all fines, penalties, suits, actions, claims, liabilities, judgments, losses, damages, costs and expenses (including attorneys’ fees) resulting or arising from your violation of the Terms of Use or from any third party claim arising as a result of your use of the Website or reliance upon any information found on the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

 

GOVERNING LAW

This contract shall be governed, interpreted and construed by and in accordance with the internal substantive laws of the State of Delaware, without regard to the conflict of laws provisions thereof, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods. Except as set forth in the “Equitable Relief” provision of these Terms of Use, any dispute arising hereunder shall be resolved in the United States federal courts serving the State of Delaware or in the courts of the State of Delaware, as may be applicable. Such courts shall have exclusive jurisdiction and venue for resolution of all such disputes and the parties hereto do hereby irrevocably submit to such jurisdiction and venue, and waive any objection to the contrary hereafter.

 

Assignment

You may not assign or transfer these Terms of Use and any associated rights or obligations, by operation of law, without Provariant’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Provariant may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Entire Agreement; Waiver; Severability

These Terms of Use constitute the entire and exclusive understanding between you and Provariant with respect to the use of the Website, and these terms supersede and replace any and all prior oral or written understandings or agreements between Provariant and you regarding the Website. Provariant’s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court or tribunal should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.

 

Contact Us

Should you have any questions, please contact us immediately at kzabell@provariantequity.com.

 

Last Updated: July 12, 2018

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