Terms Of Use
Fresh Source Capital, LLC (“FSC”, “we”, “us”, “our”) provides this web site (the “Site”) as an information service to its investors, companies and visitors. By using the Site or copying materials from the Site, you agree to abide by the terms and conditions of this Terms of Use Agreement (the “Agreement”). If you do not agree to abide by this Agreement, do not use the Site or any materials available on the Site. Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.
Nothing on this Site constitutes an offer to sell or solicitation of an offer to buy any securities. Nothing on this Site constitutes professional and/or financial advice nor does any information on this Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this Site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.
Information on this Site
FSC does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this Site. The information set forth in this Site may contain inaccuracies and typographical errors. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk.
THIS SITE AND THE INFORMATION AND MATERIALS ON THIS SITE (INCLUDING THE “CONTENT”, AS DEFINED BELOW) ARE PROVIDED “AS IS.” FSC SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Information Provided By You
Please do not send FSC anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to FSC will not be considered confidential or proprietary. We receive a large number of business plans, and we reserve the right to review only those plans that we believe fit our criteria for investment. We also reserve the right to reject plans in our sole discretion, and we are under no obligation to return any materials to the sender. We expect to receive many similar plans and ideas. Therefore, you understand that your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.
Privacy Statement
To understand our privacy practices, please review our Privacy Policy which governs our policies with respect to information that is collected through this Site.
Limitations of Damages
IN NO EVENT SHALL FSC, SUBSIDIARIES, AFFILIATES, AND/OR THEIR RESPECTIVE PARTNERS, STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (THE “FSC PARTIES”) BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE FSC PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification and Release
By accessing this Site, you agree to indemnify the FSC Parties and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Site. In addition, you hereby release the FSC Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases.
Third-Party Sites
As a convenience to you, FSC may provide links to web sites operated by other entities (each, a “Third-Party Site”). If you use these Third-Party Sites, you will leave this Site. If you decide to visit any Third-Party Site, you do so at your own risk. In addition, Third-Party Sites may be linked to this Site, with or without our consent. FSC makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any Third-Party Sites linked to or from this Site or the information appearing thereon or any of the products or services described thereon. Links do not imply that FSC endorses, or is affiliated or associated with, the owner of such linked Third-Party Site or that FSC is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of FSC or any of its affiliates.
Changes
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Site or this Agreement in whole or in part, at any time. Changes will be effective when posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes.
We may also terminate, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Intellectual Property.
You may not copy or display for redistribution to third parties any portion of the content without the prior written permission of FSC. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of FSC (the “FSC Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of FSC. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the FSC Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of FSC specific for each such use. The Trademarks may not be used to disparage FSC or the applicable third party, FSC or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without FSC’s prior written consent. All goodwill generated from the use of any FSC Trademark shall inure to FSC’s benefit.
Miscellaneous
This Site (excluding any linked Third-Party Sites accessible via the Site) is controlled by FSC within the Commonwealth of Massachusetts. It can be accessed throughout the United States as well as from other countries around the world. As each of these places has laws that may differ from those of the Commonwealth of Massachusetts, by accessing this Site both you and FSC agree that the statutes and laws of the Commonwealth of Massachusetts will apply to all matters relating to the use of this Site, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this Site shall only be brought in the courts of the Commonwealth of Massachusetts. FSC makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
This Agreement constitutes the entire agreement between FSC and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder shall continue in full force and effect.
Unless otherwise indicated, the content of this Site, including but not limited to the text and images herein and their arrangement (the “Content”), is owned by FSC and is protected by applicable copyright laws.
Copyright © 2017 by Fresh Source Capital, LLC. All Rights Reserved.