These Terms govern use of the Services:
Organizations. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to both you as an individual and to that organization.
Services Ownership. The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Services, are owned by or licensed to Wunderfund.
License. Wunderfund grants you a revocable right to use the Services solely in accordance with these Terms. The Services are being licensed, not sold, to you by Wunderfund only for use under the Terms. You do not acquire any right, title, or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.
Account Information. You agree to provide true, accurate, and complete registration information, and you will promptly provide an update if any of this information changes. If any of the information that you have submitted becomes inaccurate, you will immediately correct such information. If you provide, or Wunderfund has reason to believe that you have provided, inaccurate registration information, Wunderfund may immediately suspend or terminate your account without notice. You do not have the right to transfer your account to any individual or entity. You will not create an account for any individual other than yourself (or, if applicable, the entity that you represent). You are solely responsible for safeguarding and maintaining the confidentiality of your login ID and password. You may not resell, assign, distribute, transfer, or otherwise provide your subscription, your login ID, and/or password to any third party. You are responsible for any activity conducted under your account. You must immediately notify Wunderfund of any unauthorized use of your account.
Pricing and Payment. Wunderfund charges fees for use of the Services, and reserves the right to change the fees that it charges. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable. You agree that, in addition to all other accounts payable under the User Agreement, you are responsible for paying all sales, use, value added, or other taxes – federal, state, or otherwise – however designated, that are levied or imposed by reasons of your use of the Services. Wunderfund will charge the payment method you specify at the time of purchase. You authorize Wunderfund to charge all sums as described in the Services you select to your chosen payment method. If you pay any fees with a credit card, Wunderfund may seek pre-authorization of your credit card account prior to your transaction to verify that the credit card is valid and has the necessary funds or credit available to cover your transaction.
Other Users. Wunderfund uses various techniques to verify the accuracy of the information provided by users. However, the information available to Wunderfund is limited, so Wunderfund cannot assure you of any user's identify. You should consider using all available methods for evaluating the users that you deal with through the Services. You acknowledge that there are risks of dealing with other users acting under false pretenses, and you assume the risks of liability or harm of any kind in connection with transactions of any kind relating to goods or services that are the subject of transactions using the Services. Such risks include, but are not limited to, misrepresentation of information about a user or a Startup, breach of warranty, breach of contract, and a violation of third-party rights. You agree that Wunderfund is not liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise as a result of or in connection with any transactions with others using the Services.
No Advice. Wunderfund does not provide any legal, tax, investment, accounting, or other professional advice. By using the Services, you do not develop any type of professional relationship (including, without limitation, any attorney-client relationship) with Wunderfund or any employees or agents of Wunderfund.
Prohibited Content. You must not transmit or otherwise provide any harmful or objectionable content using the Services, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or (iv) could disable, overload, impair the infrastructure of, or the functioning of the Services. You may not make any untrue statement of a material fact or omitting to state a material fact necessary in order to make the statement made, in the light of the circumstances under which they were made, not misleading, in connection with the purchase or sale of any security. You also will not upload spyware or any other malicious software to the Services. You will not use the Services in a manner harmful to Wunderfund or any third party. You may not use the Services in any manner contrary to any applicable laws, rules, or regulations of any governmental authority.
If you believe that your copyright in any material has been
infringed by material available on the Service, please
provide us with all of the following information in the form
prescribed by Section 512 of Title 17, United States Code:
- a description of the copyrighted work you claim has been infringed,
- a description of the material that you claim is infringing, identified with sufficient detail,
- your physical address, telephone number, and email address,
- a statement by you that you have a good faith belief that the disputed use is not authorized,
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner's interest, and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that is claimed to be infringed.
- It is Wunderfund's policy to terminate, under appropriate circumstances, the account of users who are determined to be repeat infringers.
- You understand and agree that: (1) Wunderfund assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Services by you or by any other users or third parties, and (2) Wunderfund is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA).
We will promptly address any alleged infringement. Please direct all such notifications to the person below and specify in any written communication that the correspondence relates to "Copyright Violation", including in the header of the email:Marvin Abrinica
178 Shoemaker Drive
Loveland, OH 45140
- If you feel that any of your content was improperly removed or made unavailable to other users, please contact Wunderfund at the contact information above.
- If you believe that your copyright in any material has been infringed by material available on the Service, please provide us with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
- We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Services (collectively, "Submit") messages, text, illustrations, files, images, graphics, photos, comments, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title, and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
- You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You will not submit any User Content that is illegal, offensive, or inappropriate.
- By submitting User Content to Us, simultaneously with such posting, you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and their related companies. We may exercise this grant in any format, media, or technology now known or later developed for the full term of any copyright that may exist in such User Content.
Feedback. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and Wunderfund will own the contents of all such feedback, comments, or suggestions for use as it sees fit and without any obligation to you.
No Representation and Warranties. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, FOR USE BY YOU AT YOUR OWN RISK WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, WUNDERFUND AND ITS OFFICERS, MEMBERS, MANAGERS, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "WUNDERFUND PARTIES") DISCLAIM ANY AND ALL WARRANTIES (1) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES; (3) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES; OR (4) ABOUT RESULTS ANY USER WILL ACHIEVE INVESTING IN A STARTUP OR OTHERWISE USING THE SERVICES.
Disclaimer. WUNDERFUND IS NOT A "BROKER" OR "DEALER" (AS DEFINED IN SECTION 3(A) OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED). WUNDERFUND DOES NOT ENDORSE ANY THIRD PARTIES, OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY STARTUP SEEKING TO RAISE CAPITAL THROUGH THE SERVICES. WUNDERFUND IS NOT INVOLVED IN THE ACTUAL TRANSACTIONS BETWEEN ENTREPRENEURS AND STARTUPS AND INVESTORS. WUNDERFUND IS NOT RESPONSIBLE FOR ANY INVESTMENT OR OTHER DECISIONS MADE BY ANY USER IN CONNECTION WITH ANY OPPORTUNITY POSTED ON OR THROUGH THE SERVICES. WUNDERFUND DOES NOT PROVIDE INVESTMENT ADVICE AND DOES NOT PROMOTE INVESTMENT IN ANY ISSUER.
Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WUNDERFUND OR THE WUNDERFUND PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WUNDERFUND OR THE WUNDERFUND PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
Liability. UNDER NO CIRCUMSTANCES SHALL WUNDERFUND OR THE WUNDERFUND PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WITH YOUR USE OF OR INABILITY TO USE ANY SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES OF ANY KIND. THE ALLOCATION OF RISK SET FORTH IN THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WUNDERFUND. YOU AGREE THAT YOU MAY ONLY COMMENCE A CAUSE OF ACTION RELATED TO THE SERVICES WITHIN ONE (1) YEAR OF SUCH ACTION ACCRUING, AND ANY ATTEMPT TO BRING SUCH AN ACTION AFTER SUCH ONE (1) YEAR PERIOD IS BARRED. Some jurisdictions do not permit limitations of liability and in those jurisdictions some of the foregoing limitations may not apply to you. The limitations in these Terms shall apply to the fullest extent permitted by law.
Indemnification. You agree to indemnify and hold harmless Wunderfund and the Wunderfund Parties from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys' fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements, or promises made by you in these Terms.
Modification. Wunderfund may modify these Terms. You should review the Terms regularly. Wunderfund will post notice of modifications to these Terms on the Services. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services.
- You and Wunderfund each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information, and the proposed resolution. You agree to contact us with disputes by contacting us at email@example.com. We will contact you based on the contact information you have provided us.
- If you and Wunderfund cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
- Any claim or dispute between you and Wunderfund, and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these Terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from the JAMS website or by calling JAMS at 949-224- 1810.
- You and Wunderfund each agree that any arbitration will be solely between you and us, not as part of a class-wide claim. If any court or arbitrator determines that this class-wide restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court.
- Wunderfund may pursue equitable relief in a court in connection with the Services without any obligation to pursue the claims in arbitration.
- Nothing in this Section 21 will preclude, waiver, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that actions is available; (iii) seek injunctive relief in a court of law; or (iv) file a suit in a court of law to address an intellectual property infringement claim.
Class Action Waiver. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND WUNDERFUND EACH WAIVE ANY RIGHT TO PURSUE A DISPUTE ON A CLASSWIDE BASIS, INCLUDING BY JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR PROCEEDING.
Jury Trial Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AND WUNDERFUND EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Termination. You may terminate your account at any time by contacting Wunderfund at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provisions of these Terms, your permission from Wunderfund to use the Services will terminate automatically. In addition, Wunderfund may, in its sole discretion, terminate your user account for the Services or suspend or terminate your access to the Services at any time for any reason or no reason, with or without notice. Wunderfund also reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Services.
Governing Law; Venue. These Terms and the use of the Services will be governed by Ohio law without regard for its conflict of laws principles. For any claims not subject to the arbitration provisions of these Terms, all claims arising out of relating to these Terms or the Services must be litigated in the state or federal courts located in Cincinnati, Ohio and you and Wunderfund consent to the personal jurisdiction of such courts.
No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
Complete Agreement. These Terms constitute the entire and exclusive agreement between you and Wunderfund with respect to the Services, and supersede and replace any other agreements, terms, and conditions applicable to the Services. The headers for these Terms are for convenience only and will not affect the interpretation of these Terms. If a provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
Electronic Signature. Signature. Your intentional action in electronically signing the User Agreement is valid evidence my consent to be legally bound by the User Agreement. The use of an electronic version of the User Agreement fully satisfies any requirement that they be provided in writing. You acknowledge that You may access and retain a record of the User Agreement documents that are electronically signed through the Services. You are solely responsible for reviewing and understanding all of the terms and conditions of the User Agreements. The electronically stored copy of the User Agreement is considered to be the true, complete, valid, authentic, and enforceable record of the User Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of the electronically signed copy of any part of the User Agreement.
Assignment. Wunderfund may assign any of its rights under these Terms to an affiliate or to any successor in interest to the business of Wunderfund. You may not assign your rights under these Terms and any such purported assignment is void.
Waiver of Terms. The failure of Wunderfund to enforce these Terms for any period of time does not constitute a waiver of its right to enforce these Terms.