Effective June 2, 2016
CrowdlistIQ reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Website and to suspend and/or deny access to the Website for any reason. The information and materials on the Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and CrowdlistIQ does not undertake any obligation or responsibility to update or amend any such information. CrowdlistIQ may discontinue or change any product or service described in or offered on the CrowdlistIQ website at any time. CrowdlistIQ further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Website at any time and for any reason. You agree that CrowdlistIQ and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Legal Terms: Definitions
In these Terms, we refer to a person(s) creating a listing as a “Contributor”. A person(s) viewing and visiting the listing as a “User”.
CrowdlistIQ is an informational and promotional website
CrowdlistIQ is an informational and promotional website for businesses engaged in equity crowdfunding. CrowdlistIQ does not solicit or receive any compensation from the equity crowdfund companies listed on the website. CrowdlistIQ makes no representations about the quality, safety, morality or legality of any listing, or the truth or accuracy of content posted on the website. CrowdlistIQ does not represent that Contributors will deliver on their stated goal or their stated products or services will be used as described in the listing. Users use the service at their own risk.
Eligibility to Use the Service
Contributors are not permitted to create a listing for illegal activities, to cause harm to people or property, or to scam other Users. If you know that your listing is claiming to do the impossible or it’s just plain phony, don’t post it. You must comply with all applicable laws and regulations in carrying out your listing.
Contributors are not permitted to offer or provide any of the following as a perk:
- alcohol or any other controlled substance;
- drug paraphernalia;
- weapons, ammunition, and related accessories;
- items promoting hate, personal injury, death, damage, or destruction to property; or
- any item (a) prohibited by applicable law to possess or distribute, (b) that would cause you to violate applicable law if you were to distribute it, or (c) that would cause you to infringe or violate another person’s rights if you were to distribute it.
CrowdlistIQ is not a place for hatred, abuse, disrespect, meanness, harassment, or spam. Do not:
- use the Service to promote pornography, violence, degradation, subjugation, or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or show people or animals being hurt or degraded; or
- spam Contributors with offers of goods and services or inappropriate messages.We reserve the right to remove a listing and terminate accounts for listings or comments including but not limited to such activities.
Your Account Information
All of your registration information must be accurate and truthful. You agree to notify CrowdlistIQ immediately if you discover that your account has been used without your authorization or there has been any other breach of your account’s security. You also agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity.
A “Contributor” is the person(s) who created the listing. As a Contributor, you are solely responsible for asking questions and investigating your listing to the extent you feel is necessary. The listing is made voluntarily and at your sole discretion and risk. CrowdlistIQ doesn’t guarantee that listing will be used as promised, that the Business or Startup owner will achieve its goals. CrowdlistIQ does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Business or Startup the truth or accuracy of content posted on the Service.
Fees and Payments
Listing a company on CrowdlistIQ.com is free.
While using the Service, you may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “Member Content”). You grant CrowdlistIQ and our users a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your Member Content on or in connection with the Service and our related marketing and promotional activities. As between you and CrowdlistIQ, you continue to hold all ownership interest in your Member Content. You represent and warrant that your Member Content and our use of your Member Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Third-Party Websites, Advertisers or Services
CrowdlistIQ’s Website Service does not offer or sell any securities of any company; the Services on the Website are only for informational purposes. CrowdlistIQ has no special relationship with or fiduciary duty to you. You acknowledge that CrowdlistIQ has no control over, and no duty to take any action regarding: which users gains access to the Website; what content you access via the Website; 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 CrowdlistIQ from all liability for you having acquired or not acquired content through the Website. CrowdlistIQ makes no representations concerning any content contained in or accessed through the Website, and CrowdlistIQ will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website or the Service.
CrowdlistIQ neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Website.
The Website, including any content or information contained within it or any service or advice provided in connection with the Service, is provided “As is” with no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. You assume total responsibility and risk for your use of this Website and Website-related services.
CrowdlistIQ makes no representation or warranty, express or implied, with respect to any third party data provided to CrowdlistIQ or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. CrowdlistIQ will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by CrowdlistIQ or “force majeure” or any other cause beyond the control of CrowdlistIQ.
The service by the Website is provided “As is” and “As Available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of Title, Non-Infringement, Merchantability and Fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Your use of the service is solely at your own risk.
Electronic Communication Privacy Act Notice (18usc 2701-2711): CrowdlistIQ makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any Website linked to the Website. CrowdlistIQ will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on CrowdlistIQ’s equipment, transmitted over networks accessed by the Website, or otherwise connected with your use of the Service.
CrowdlistIQ has no fiduciary duty to you. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICE IS AT YOUR OWN RISK.
Accuracy of Information
We always try to ensure that information on this Website is complete, accurate and current to the best of our knowledge, information and belief. Despite our efforts, the information on our Website may at times be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current ness of any information on this Website. In addition, a Contributor(s) may make changes to information about their company’s financial information, products, or services without notice.
You shall defend, indemnify, and hold harmless CrowdlistIQ, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Submissions, violation of the Agreement, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. CrowdlistIQ reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CrowdlistIQ in asserting any available defenses.
Limitation of Liability
In no event shall CrowdlistIQ, nor its directors, employers, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however, arising), (b) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (c) for any direct damages in excess of (in the aggregate) one-hundred U.S. Dollars ($100.00). CrowdlistIQ’s website service does not offer or sell any securities of any company. The Services on the Website are only for informational purposes. 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.
Waiver and Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
Limitation of Liability
CROWDLISTIQ (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES YOU PAID TO CROWDLISTIQ FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CROWDLISTIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CrowdlistIQ without restriction.
Termination may result in the forfeiture and destruction of all information associated with your account. You may terminate your account by following the instructions on the Service, but we may retain your account information after you terminate in accordance with our regulatory, accounting, and legal compliance procedures. The provisions regarding use of website and Services at your own risk, Right to Refuse Service, DMCA, Indemnity, No Warranty, Waiver and Release, Limitation of Liability and General survive termination for any reason.
You agree that: (i) the Service shall be deemed solely based in California (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over CrowdlistIQ, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and CrowdlistIQ that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the City and County of San Francisco, California. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service when requested.
You agree CrowdlistIQ may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website. You may opt out of certain means of notification or to receive certain notifications.
These Terms are the entire agreement between you and CrowdlistIQ regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. CrowdlistIQ’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
CrowdlistIQ may alter these Terms at any time, so please review the policies frequently. If a material change is made, CrowdlistIQ may notify you in the Service, by email, by means of a notice on our home page, or other places we think appropriate. A “material change” will be determined at CrowdlistIQ’s sole discretion, in good faith, and using common sense and reasonable judgment.
If you have any questions about these Terms, the practices of this site, or your dealings with this Website or complaints, please contact us at firstname.lastname@example.org .