Lightview Capital Terms of Use

Welcome to the Lightview Capital LLC website. These Terms of Use (“Terms”) are a legal contract between you and Lightview Capital LLC (“us” or “our” or “we” or “Lightview Capital”) and govern your use of all the text, data, information, software, graphics, course materials, photographs and more (all of which are referred to as “Materials”) that we and our affiliates may make available to you through this website (this “Site”)

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS SITE OR USING ANY MATERIALS. USING THIS SITE IN ANY WAY INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS SITE IF YOU DO NOT ACCEPT THESE TERMS.

IMPORTANT NOTE: THE SOLE PURPOSE OF THIS SITE IS TO PROVIDE INFORMATION REGARDING THE POTENTIAL FINANCING CAPABILITIES OF LIGHTVIEW CAPITAL FOR PROSPECTIVE PORTFOLIO COMPANIES AND FOR INDIVIDUALS CONSIDERING POSSIBLE EMPLOYMENT WITH LIGHTVIEW CAPITAL. THE INFORMATION PROVIDED ON THIS SITE, INCLUDING INFORMATION REGARDING CURRENT AND HISTORICAL PORTFOLIO COMPANIES, IS NOT INTENDED TO RECOMMEND ANY COMPANY OR INVESTMENT DESCRIBED HEREIN. NO INFORMATION ON THIS SITE SHALL BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY THE SECURITIES OR SERVICES OF LIGHTVIEW CAPITAL OR ANY OTHER ISSUER. OFFERS CAN ONLY BE MADE WHERE LAWFUL UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAW. THIS SITE MAY NOT IDENTIFY ALL CURRENT OR PRIOR LIGHTVIEW CAPITAL PORTFOLIO COMPANIES FOR CONFIDENTIALITY OR OTHER REASONS.

LIGHTVIEW CAPITAL DOES NOT SOLICIT OR MAKE ITS SERVICES AVAILABLE TO THE PUBLIC OR OTHER ADVISORY CLIENTS. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS AND IT SHOULD NOT BE ASSUMED THAT RESULTS FOR HISTORIC PORTFOLIO INVESTMENTS WILL BE ACHIEVED FOR OTHER INVESTMENTS.

GENERAL USE

We invite you to use this Site for individual, internal business purposes (“Permitted Purposes”).By using this Site, you agree that you are at least 13 years of age. If you are older than 13, but younger than 18 (a “Minor”), you must have the consent of your parent or legal guardian and receive your parent’s or legal guardian’s permission to use the Site and agree to these Terms. If you are a parent or legal guardian of a Minor, you agree to bind the Minor to these Terms and to fully indemnify and hold us harmless if the Minor breaches any of these Terms.

In these Terms we are granting you a limited, personal, non-exclusive, revocable and non-transferable license to use and to display the Materials; your right to use the Materials is conditioned on your compliance with these Terms (including the payment of any applicable fees). You have no other rights in this this Site or any part thereof and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Site or the Materials in any manner. If you make copies of any part of the Site while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Site. You may only use such copies in connection with your use of the Site.

CHANGES

We may alter the Materials we offer and/or we may choose to modify, suspend or discontinue this any part of the Site at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to these Terms by posting them on this Site and, if you have registered for an account with us (as described more fully below), by describing the modifications to these Terms in an email that we will send to the address that you provided during registration. To be sure we properly reach your email inbox, we just ask that you let us know if your preferred email address changes at any time after your registration.

If you object to any such modifications, your sole recourse shall be to cease using the Site. Continued use of any part of the Site following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Site or associated with specific services. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

ELECTRONIC COMMUNICATIONS

By using the Site or any part of the Site, you consent to receiving electronic communications from us. These electronic communications may include notices about transactional information and other information concerning or related to the Site or Materials provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy (“Privacy Policy”) which explains everything.

LINKS TO THIRD-PARTY SITES

We think links are convenient, and we sometimes provide links from the Site to third-party websites. If you use these links, you will leave our Site. We are not obligated to review any third-party websites linked to from this Site, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Site, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of the Site may allow you to interact and/or conduct transactions with one or more third-party websites.

SUBMISSIONS

Certain areas of the Site (e.g., blogs, chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.

By submitting any User Submission, you are promising us that:

  • You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
  • You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  • Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
  • Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  • Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  • You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  • Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own or that you otherwise have permission to upload and permit us to use);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that you consider confidential or proprietary; and
  • Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, you grant Lightview Capital an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

  • Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
  • Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.

We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Site and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Site you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of this Site only for Permitted Purposes.  Any other use of the Site beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Site.  This is because, as between you and us, all rights in this Site remain our property.

Unauthorized use of this Site may result in violation of various United States and international copyright laws.  Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid.  So, unless you have written permission from us stating otherwise, you are not authorized to use this Site in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Site for any commercial purpose that competes with our services in any way;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • To interfere with or disrupt this Site or servers or networks connected to this Site;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or
  • Attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us.  You also agree to pay any damages that we may end up having to pay as a result of your violation.  You alone are responsible for any violation of these Terms by you.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.  If you are a New Jersey resident, this clause is to be only as broad and inclusive as is permitted by the law of the state of New Jersey.

PROPRIETARY RIGHTS

The Site includes registered and unregistered trademarks that belong to us.  Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Site are our sole property.  All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing User Submissions that violate intellectual property rights of others, suspending access to this Site (or any portion thereof) to any user who uses this Site in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the this Site in violation of someone’s intellectual property rights.

Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of this Site, please provide written notice to our agent for notice of claims of infringement:

Richard Erickson
35 Beechwood Road
Suite 2B
Summit, NJ 07901
info@lightviewcapital.com

To be sure the matter is handled immediately, your written notice must:

Contain your physical or electronic signature;

  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
  • Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the agent will be unable to address the listed concern.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

  1.  Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS SITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, we make no warranty that this Site will meet your requirements or that this Site will be uninterrupted, timely, secure, or error free, or that defects in this Site will be corrected. We make no warranty as to the results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

You acknowledge and agree that this Site and the Materials are for informational purposes only and should not be construed as legal or tax advice on any matter. Any decision you make on the basis of the content or Materials found on this Site is your sole responsibility. You should consult with legal and tax advisers before applying any of this information to your particular situation. Reference to or inclusion of any product, service or entity should not be construed as a recommendation, approval, affiliation or endorsement of such product, service or entity by Lightview Capital.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE.  IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY.

LOCAL LAWS; EXPORT CONTROL

The Site is controlled and operated from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.  We neither represent nor warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.  We may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time.  Not all products or services described on the Site may be available in all states or territories.

FEEDBACK

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

GENERAL

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you.  We will even provide you with recommended necessary corrective action(s) because we value this relationship.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Site without prior notice to you.  New Jersey state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in Union County New Jersey.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforced any of these Terms, we are not waiving our rights.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lightview Capital as a result of these Terms or your use of the Site. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements about this Site.  The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Lightview Capital, 35 Beechwood Road, Suite 2B, Summit, NJ 07901 or via email at info@lightviewcapital.com.