WEBSITE TERMS OF USE
WELCOME
Welcome to the Dominion Capital Holdings LLC and our www.domcapllc.com website (our “Site”). We hope you find it useful! Feel free to send us any comments by using the links provided so we can continue to improve your experience.
By accessing, or otherwise interacting with, our Site you agree to the following terms (the “Terms”), which constitute a contract between you and Dominion Capital Holdings LLC and its affiliates and managed funds (collectively, “DC” or “we”). If you disagree with any of these Terms, please do not use our Site.
We may, at our sole discretion, change, modify, add or remove portions of these Terms, at any time – so please use only the terms posted on the Site and check for changes. If the Terms change, continuing to use the Site means that you have accepted and agreed to the changes. We also may change any of the Contents (as defined below) at any time and without notice.
TO OUR SITE
We own the Site and all of its Contents. That means everything: the text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, as well as their design, structure, selection, coordination, expression, “look and feel” and arrangement (the “Contents”). Various laws and regulations protect it around the world, including intellectual property rights and unfair competition laws. So please don’t copy or use our Content without our prior written permission. And by “copy or use,” we mean, for example: copy, reproduce, republish, upload, post, display publicly, create derivative works, encode, translate, transmit, distribute or otherwise use it – other than for your transactions with us. Also, don’t export or re-export any Content or any copy or adaptation of this Content in violation of any applicable law, including U.S. export laws and regulations.
We meant what we said in the prior paragraph; please don’t try to get around this. Don’t use any automatic or other device to get around these restrictions.
YOU HAVE A LICENSE TO USE it
This Site is primarily for adult US citizens and US residents. Unless DC otherwise agrees, our services are and will be available only to adult individuals (over 18 years old) that have the legal capacity to enter into contracts and that are U.S. citizens or U.S. residents, as well as companies that are U.S. residents (incorporated in any state of the United States and with principal place of business in the United States). As long as you are one of those and you comply with the Terms (and we haven’t otherwise told you that you could no longer access our Site), we are giving you a personal, revocable, non-exclusive, non-transferable, limited permission to enter and use the Site. We may stop or block your access to the Site at any time for any reason. Without this permission, you cannot use the Site. Having this permission does not give you any right to be considered for or obtain any investment from us or to invest in any fund we manage.
Please don’t use our logo or misrepresent that we are working together. If you agree to do it according to the Terms, you may link to the Site, as long as that the link and the pages activated by the link do not create frames around any page on the Site or use other techniques that alter in any way the visual presentation or appearance of any consent on the Site or otherwise collect information beyond the fact that someone clicked on your link. Using our Site does not mean we are doing business together. Therefore, please don’t use any name, trademark, service mark, symbol, logo (or any abbreviation, contraction or simulation thereof) of, or otherwise refer to, us or our affiliates without our consent (including in any press release, letterhead, public announcement or marketing material) or misrepresent our relationship (or that we have one) or present lies or false or misleading impressions above us or otherwise damage the goodwill associated with our name or trademark. Unless we give you our prior consent in writing, don’t tell anyone that we are in business together or that we have approved or endorsed your product or service or any of your policies or practices: because that will not be true.
DO NOT HACK OR OTHERWISE MEDDLE WITH IT
Please use the Site the way it was intended to be used.
Do not hack or attempt to hack into our Site or our systems or network. By that we mean, among other things, attempt to gain unauthorized access, use password “mining” or use any other illegitimate means to access portions of our Site you are not supposed to access, or probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to it.
Do not use the Site to try and get things from us we did not intend to give you. Don’t use any “deep-link,” “scraper,” “robot,” “spider,” “scripts”, “crawler” or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
This Site is there for you; so don’t use it to try to get information on our other customers. There are various laws against that and we take these types of actions very seriously. So don’t do a reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information.
And please don’t try to take down our Site. We spent a lot of time and money building it. We believe it is a great way to obtain general information about us. Specifically, please don’t take any action that would impose an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any connected systems or networks. And don’t, whether directly or through any device, software or routine, interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site, or any other person’s use of the Site.
BE YOURSELF
Be yourself, it’s good enough for us. Don’t lie to us about who you are. We advise funds that are making investments. This is serious business and we are subject to regulations by various governmental authorities. We will check who you are. So don’t forge headers or otherwise manipulate identifiers or give us fake email addresses in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. Don’t pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
DO NOT DO ANYTHING ILLEGAL
You may not use the Site, any Content or any of our services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of DC or others. In addition to any other rights we may have, we are subject to regulation by various authorities and, if we even suspect that you may be doing anything like that, we retain the right to report you to governmental authorities (possibly without even notifying you).
KEEP OUR INFORMATION CONFIDENTIAL
We spend a lot of time on our lending terms, processes and investment documentation. If, after providing your contact information on our Site, you obtain any further documentation or information from us, you agree to keep confidential that documentation and information and use it only to evaluate transactions with us, but you can disclose it to your family members and, if you are a company, your employees and affiliates, each case if they agree to keep it confidential on the same terms as you (you agree that you are responsible to us under these Terms if they violate this agreement) and you can disclose that information to regulators or if you are required by law. Likewise, if you give us your email or similar identifying information, we will keep it private as and to the extent described in our privacy policy on the Site.
AND IF YOU HURT US, PLEASE MAKE US WHOLE
You agree to indemnify us and hold us, our affiliates and our and our affiliate’s employees officers, directors, managers, shareholders, predecessors, successors in interest, agents, advisors, harmless from any demands, loss, liability, claims or expenses (including all attorneys’ fees and fees of other experts) made by any third party due to or arising out of or in connection with your use of the Site.
NOTE THESE DISCLAIMERS
We are not perfect. The Content is there as a basic introduction to and explanation of our business, not a legal document. From time to time, the Site may contain technical inaccuracies or typographical or other errors. We do not warrant the accuracy of any posted information.
Other than these Terms, there are no binding documents in the Content. If you decide to take investments from us or to make investments in the funds we manage, all of the representations, warranties and all of your rights, duties and obligations will be contained in the documentation for the transaction and nothing else (including the Site) – please read them well; this is what you should use to make a decision, not the Contents of the Site. We don’t provide tax, legal or other advice, so you should get your own attorney, tax and other advisor to review these. We don’t offer any securities through this Site; therefore nothing in this Site should be considered part of any type of offering of securities. If we do decide to make an offering in the future, please consult the offering materials applicable to that offering and not this Site. Nothing outside of that documentation, including the Contents of the Site, is a representation, a warranty, a covenant, etc. – and you should not use the Contents to make a decision to seek an investment from us or to seek to invest in the funds we manage. Conversely, we are not agreeing to make an investment or partner with you until we agree. You will know when we agree because you will have a legal document, signed by us that expressly says that. In fact, if you decide to enter into business transactions with us, we will ask you for legal documentation to check your identity, that you are not a suspected terrorist, criminal, etc. before we even consider it, so please understand that nothing in this Site includes an agreement or commitment from us.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WE MAKE NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER DESTRUCTIVE CODE. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICE OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ITS USE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS SITE, INCLUDING, AMONG OTHER THINGS, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA – EVEN IF WE ARE TOLD OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE DISCLAIMERS AND WAIVERS. IN THESE JURISDICTIONS, THEY ONLY APPLY TO THE EXTENT PERMITTED.
AND THESE OTHER LEGAL PROVISIONS
These Terms are binding – even where we say “please”.
No waivers. Also, just because we don’t say anything, that does not mean we agree with you. If we waive or modify any part of these Terms, it will be only in a signed writing, for your benefit, that expressly states that waiver or modification.
These Terms and all actions and matters arising hereunder or related hereto are governed by and construed and construed and enforced in accordance with, the laws of the State of New York.
Arbitration. All claims and controversies arising out of or relating to these Terms or their breach shall be settled by arbitration administered by the American Arbitration Association under their Commercial Arbitration Rules and procedures (or, if you are accessing our Site as an individual and not for your company, their Consumer Arbitration Rules) and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. These rules, as well as instructions on how to file an arbitration proceeding, appear at adr.org, or you may call the AAA at 1-800-778-7879. You and we agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision. The place of arbitration shall be New York City. There shall be one arbitrator and the arbitration shall be confidential. Note that, by agreeing to arbitration, you waive any right to trial by jury or to sue in court, including to start a class action, class arbitration or representative action or proceeding. If you and we agree to enter into a transaction with us, different rules may apply and will be specified in the documentation for that transaction. To the extent this agreement is invalidated or does not apply in whole or in part, any claim, action or proceeding may be brought in the courts of the State of New York and federal courts, in each case sitting in New York county. In any case, in connection with any claim or controversy, directly or indirectly, arising out of or related to these Terms, you and we waive any right to trial by jury in connection, any claim of inconvenient forum and any right to bring an action other than in an individual capacity (e.g., a class action, class arbitration or representative action or proceeding).
Entire Agreement. You may have mistakenly gotten the impression (e.g., in phone calls, emails or otherwise) that we were agreeing to something with you but, until we sign definitive documents, the Terms and our privacy policy are the only agreements and understandings between us with respect to the Site. Of course, we may have other unrelated business together, governed by separate legal agreements.
Severability. Any part of these Terms being held illegal, invalid or unenforceable in any jurisdiction shall not affect any part of such provision not held illegal, invalid or unenforceable, any other provision of these Terms or any part of such provision in any other jurisdiction.
Please contact us at contact@domcapllc.com or (212) 785-4680 if you have any questions or issues.