ACCEPTANCE OF TERMS
Welcome to the DealFlowNow website. DFN provides its service to the user of the DFN website, subject to the following Terms of Usage (“TOU”), which may be updated by DFN at any time without notice to the user. The user of the DFN website can review the most current version of the TOU at any time by accessing the link on the DFN website.
DESCRIPTION OF SERVICE
DFN currently provides users with access to a broad range of resources, directly, as well as through its network of contacts and service providers (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU. The user of the DFN website understands and agrees that the Service is provided “AS-IS” and that DFN assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In consideration of the user of the DFN website using the Service, the user of the DFN website agrees to: (a) provide true, accurate, current and complete information about the user of the DFN website as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the user of the DFN website provides any information that is untrue, inaccurate, not current or incomplete, or DFN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DFN has the right to suspend or terminate the account of the user of the DFN website and refuse any and all current or future use of the Service (or any portion thereof).
The information submitted to us will be used primarily for the purpose of creating successful matches between entrepreneurs, investor-VIPs, and professional service providers. Any information received is necessary to provide a level of certainty of intent and to maximize credibility. It may also be used to provide backup that may be helpful in your desire to seek capital and/or to invest. It is also needed in order to aid with the continual improvement of the site, compile basic demographic data and to generally improve the services offered to you. The company will not sell, share or rent your confidential information to any independent third parties without your prior consent.
Cookies – If you decide to register as an entrepreneur or VIP with DFN, “cookies” are used to recognize you on subsequent visits and to make your online experience more user-friendly. “Cookies” are small bits of data that can be sent to your computer which then may be stored by your browser on your computer’s hard drive. They cannot be used to retrieve data from your hard drive, email addresses or personally identifying information about you in any way. Most web browsers have features that can notify you when you receive a “cookie” or prevent “cookies” from being sent. Please note that by not accepting cookies, you will limit the website’s functionality.
Security – Transaction information can be securely transmitted to the payment gateway via secure SSL connections. We do not store credit card details nor do we share customer details with any 3rd parties
MEMBER ACCOUNT, PASSWORD AND SECURITY
The user of the DFN website is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under its password or account. The user of the DFN website agrees to (a) immediately notify DFN of any unauthorized use of its password or account or any other breach of security, and (b) ensure that the user of the DFN website exits from its account at the end of each session. DFN cannot and will not be liable for any loss or damage arising from failure of the user of the DFN website to comply with this section.
The user of the DFN website understands that all information, data, text, software, messages or other materials (the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user of the DFN website, and not DFN, is entirely responsible for all Content that the user of the DFN website upload, post, email, transmit or otherwise make available via the Service. DFN does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user of the DFN website understands that by using the Service, the user of the DFN website may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DFN be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The user of the DFN website agrees to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) impersonate any person or entity, including, but not limited to, a DFN official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of the user of the DFN website with a person or entity;
c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d) upload, post, email, transmit or otherwise make available any Content that the user of the DFN website do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;
g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
The user of the DFN website acknowledges that DFN does not pre-screen Content, but that DFN and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, DFN and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. The user of the DFN website agrees that it must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
The user of the DFN website acknowledges and agrees that DFN may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DFN, its users and the public.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
DFN does not claim ownership of Content the user of the DFN website submits or makes available for inclusion on the Service. However, with respect to Content the user of the DFN website submits or makes available for inclusion on publicly accessible areas of the Service, the user of the DFN website grants DFN the following world-wide, royalty free and non-exclusive license(s), as applicable:
a) General: The subscription plan to our Services consists of an initial charge.
b) Price: The prices for the Services include taxes, as applicable.
c) Payment: Payment of the Services is to be made by credit card or debit card. Payments are processed by means of a third party. Therefore, we have no access to payment information, nor subsequently store said piece of information.
The user of the DFN website agrees to indemnify and hold DFN, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content the user of the DFN website submits, posts, transmits or makes available through the Service, the use of and connection to the Service by, the user of the DFN website, the violation of the TOU or of any rights of another by the user of the DFN website.
GENERAL PRACTICES REGARDING USE AND STORAGE
The user of the DFN website acknowledges that DFN may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DFN’s servers on behalf of the user of the DFN website, and the maximum number of times (and the maximum duration for which) the user of the DFN website may access the Service in a given period of time. The user of the DFN website agrees that DFN has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The user of the DFN website acknowledges that DFN reserves the right to log off accounts that are inactive for an extended period of time. The user of the DFN website further acknowledges that DFN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The user of the DFN website agrees that DFN, in its sole discretion, may terminate the password, account (or any part thereof) of the user of the DFN website or the use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if DFN believes that the user of the DFN website has violated or acted inconsistently with the letter or spirit of the TOU or the DFN Acceptable Use Policy. DFN may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The user of the DFN website agrees that any termination of the user’s access to the Service under any provision of this TOU may be affected without prior notice, and acknowledges and agrees that DFN may immediately deactivate or delete the user’s account and all related information and files in the user’s account and/or bar any further access to such files or the Service. Further, the user of the DFN website agrees that DFN shall not be liable to the user of the DFN website or any third-party for any termination of its access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DFN has no control over such sites and resources, the user of the DFN website acknowledges and agrees that DFN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user of the DFN website further acknowledges and agrees that DFN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DFN’S PROPRIETARY RIGHTS
The user of the DFN website acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user of the DFN website further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user of the DFN website through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DFN or advertisers, the user of the DFN website agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DFN grants the user of the DFN website a personal, non-transferable and non-exclusive right and license to use the Service; provided that the user of the DFN website does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the DFN website, the Software or the Content. The user of the DFN website agrees not to modify the Software in any manner or form, or to use modified versions of DFN website, the Software or the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user of the DFN website agrees not to access the Service by any means other than through the interface that is provided by DFN for use in accessing the Service.
DISCLAIMER OF WARRANTIES
The user of the DFN website expressly understands and agrees that: a) Its use of the Service is at its sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. DFN expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
a) DFN makes no warranty that (i) the service will meet the requirements of the user of the DFN website, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user of the DFN website through the service will meet its expectations, and (v) any errors in the Software will be corrected.
b) Any material downloaded or otherwise obtained through the use of the Service is done at the sole discretion and risk of the user of the DFN website and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
c) No advice or information, whether oral or written, obtained by the user of the DFN website from DFN or through or from the Service shall create any warranty not expressly stated in the TOU.
d) The user of the DFN understands, acknowledges and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical or other professional advice with respect to evaluating, agreeing, establishing and/or implementing any relationship or investment based on any of the material, information or strategies presented on the DFN website. Further, it is highly recommended that the user of the DFN take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user of the DFN deems appropriate.
LIMITATION OF LIABILITY
The user of the DFN website expressly understands and agrees that DFN shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DFN has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of transmissions or data of the user of the DFN website; (iv) statements or conduct of any third party on the Service; (v) any agreement, understanding or relationship the user of the DFN enters into with any of the Contributors or any other person or entity with whom it has been put in contact through the DFN website; or (vi) any other matter relating to the Service.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. DFN and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any strategy, trading or investment decisions made based on such information.
DFN, the DFN logo, the DFN design, and the DFN stylized, trademarks and service marks, and other DFN logos and product and service names are trademarks of DFN (the “DFN Marks”). Without DFN’s prior permission, the user of the DFN website agrees not to display or use in any manner, the DFN Marks.
For purposes of this Acceptable Use Policy (“AUP”), a “Customer” is defined to include any organization, individual, company or other entity with which DealFlowNow (DFN) has entered into any agreement or contract for the supply of services, including through the DFN website. A Customer shall also be responsible for the use of the DFN website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers, clients, or any other person gaining access to the DFN website in any manner whatsoever, that directly or indirectly utilize the DFN website provided to the Customer.
The Customer may only use the DFN website for lawful purposes. The use of the DFN website in violation of any local or international legislation or regulation is prohibited. This includes, but is not limited to, transmission of proprietary or copyright material without the consent of the owner, material legally judged to be threatening, offensive, or obscene, and third-party material protected by patent, trade secret or any other type of intellectual property right, whether or not the Customer was aware of the content of the material or of the relevant law.
DFN will fully cooperate with investigations of suspected criminal violations and violations of systems or network security under the leadership of law enforcement authorities.
All DFN services are for end-user use only and may not be resold to third-parties without providing end-user information to DFN.
The Customer will indemnify and hold DFN harmless from any claim brought by third parties alleging that use of the DFN website by the Customer has infringed any applicable local or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and final judgments awarded against DFN arising from such claims. The Customer shall immediately give DFN written notice of any claim the Customer is involved with or aware of. Should the Customer fail to do so, DFN may defend such claims at the Customer’s sole cost.
DFN will cooperate with any law enforcement authorities having jurisdiction to discourage and resist abuses of acceptable use policies. DFN reserves the right to take corrective action upon notification to DFN of unacceptable use by the Customer. DFN reserves the right, at its discretion and without notice, to remove any material or data and to block the use of the network for one or more users.
The Customer may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), reverse engineer, decompile, deconstruct any programming, nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).
The Customer is forbidden to send email to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, financial and investment promotions, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”). A Customer caught spamming on the DFN, or who persists in the mass distribution of unsolicited e-mail messages, will be dealt with immediately in accordance with this AUP.
DFN will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation or (iii) when public safety may require it. DFN may at all time monitor usage of the DFN website electronically to determine if it is operating satisfactorily.
DFN may disclose its customers’ information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect DFN and others from harm or (iii) where such disclosure is necessary to the proper operation of the DFN website.
DFN reserves the right, at its discretion and without notice, to automatically filter, disconnect and/or deny access to any Customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider and, channeling such activities through a DFN account, re-mailer, or otherwise through the DFN website, or using a DFN account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities, if such use of another party’s service could reasonably be expected to adversely affect the DFN website. DFN reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
Customer will indemnify and hold DFN harmless from any claim brought by third parties relating to the Customer’s use of the DFN website. The Customer must defend and pay all damages and costs (including legal fees) arising from such claims. The Customer must immediately notify DFN of any claim or potential claim, within the Customer’s knowledge, involving the Customer related to the DFN website. Failure to do so gives DFN the right to defend such claims at Customer’s sole cost and expense.
DFN is committed to providing quality service to all of its customers. While the AUP may appear harsh, DFN believes it is necessary to ensure that it is able to provide professional, efficient, stable service within an environment of security and trust which its customers may require and come to expect from an organization such as DFN.