Terms Of Use

Welcome to TermSheetBattle.com. We maintain this web site as a service to our end users, customers, prospective customers, sponsors and partners.  Please review the following terms carefully.  Your use of this site constitutes your agreement to be bound by these Terms and our Privacy Policy, which is hereby incorporated into this agreement by this reference.

Acceptance of Agreement

The provisions in this section are referred to as the “Terms of Use” and constitute an agreement between you and TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents).  You acknowledge and agree that you have read the terms of use carefully, understand each of them and agree to be bound be all of them. If you do not agree to the Terms of Use, you may not access or otherwise use TermSheetBattle.com and should exit the site.

Modifications

TermSheetBattle.com may modify the terms of this Agreement or any of the policies or guidelines governing the site, at any time and in its sole discretion, by posting the modified Terms of Use Agreement on the site.  The modifications shall be effective upon such posting. You agree to review this Agreement periodically so that you are aware of any modifications.  Your continued use of the site indicates your full acceptance of the Terms of Use Agreement in its then current form each time you use the site.

Acknowledgment of Copyright and Indemnity

TermSheetBattle.com takes the matter of copyright violation very seriously.  We use commercially reasonable efforts to ensure that written materials on our website and in our program materials are properly cited.  Website content and program materials are peer reviewed and authors or copyright holders sign agreements granting TermSheetBattle.com (or its affiliates) a sub-license or a license to publish the content either online or in any media, depending on the agreement.  All end users are expected to follow proper citation and copyright laws if the are using TermSheetBattle content as a primary or secondary source in any written document or media (in any and all media forms, including those that may be invented in the future).  End users, customers, prospective customers, sponsors and partners specifically agree to indemnify TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) against any copyright or intellectual property infringement case that may arise through the use of any content within the TermSheetBattle.com website or any written materials, photographic images or video production associated with any TermSheetBattle programs.

Notice of New Services and Charges

Occasionally, we may also use the information we collect to notify you about important changes to our web site, new programs, services, products and special offers we think you may find valuable.  In connection with any such notification, you will be given the opportunity to notify us of your desire not to receive these offers by clicking on a response box when you receive such an offer or by sending us an e-mail through the Contact Us page.

Legally Compelled Disclosure of Information

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

Limitation of Liability

TermSheetBattle.com is a not a law firm or a substitute for an attorney, counsel, solicitor, advokat or other form of legal service provider.  We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms, tax consequences, negotiating tactics or strategies, of any kind, in any jurisdiction.

The programs, content, services and products provided by Term Sheet Battles and TermSheetBattle.com are not a substitute for the advice of an attorney, counsel, solicitor, advokat or other form of legal service provider.

The materials available on the site is provided “as is” without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property, or fitness for any particular purpose.  In no event shall TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the materials, even if TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) have been advised of the possibility of such damages.

Each user of this system assumes all responsibility and risk for the use of the materials.  TermSheetBattle.com does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any material, written, audio or video, distributed in connection with any Term Sheet Battles programs or on TermSheetBattle.com website or social media properties.  TermSheetBattle.com will not be liable for any compensatory, special, direct, incidental, indirect, consequential damages, exemplary damages or any other damages resulting from loss of use, data, or profits, arising out of or in connection with the use or performance of such material, however caused, whether for breach of contract, warranty, negligence, or otherwise, and whether of not TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) have been advised of the possibility of such damage.

If this limitation of liability or the exclusion of warranty is held inapplicable or unenforceable for any reason, then the maximum liability for TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) of any type of damages shall be limited to U.S. $100.00, in the aggregate.  These limitations will apply notwithstanding the failure of any essential purpose of any limited remedy.

Indemnification

You agree to indemnify, defend and hold TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising from your violation of this Agreement, state, provincial, federal or foreign national securities laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights.

Use of Information

We reserve the right, and you authorize us to the use and assignment of all information regarding your use of the site and all information provided by you in any manner consistent with our Privacy Policy.

Governing Law

This Agreement shall be treated as though it were executed and performed in Wilmington, Delaware, USA and shall be governed by and construed in accordance with the substantive law of the state of Delaware, without regard to conflict of laws provisions.  Any cause of action by you with respect to TermSheetBattle.com and its affiliates (and/or its owners, directors, officers, employees, independent contractors, information providers, licensors, licensees and other agents) (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.  All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Wilmington, Delaware, USA.  You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire and only agreement between us and you and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the TermSheetBattle.com, the content, goods, programs, products and services provided by or through TermSheetBattle.com or any Term Sheet Battle programs, and the subject matter of this Agreement. To the extent that anything in or associated with the site or such programs is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of this Agreement.

Notice

Any notice to TermSheetBattle.com that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail or five (5) business days after delivered in person or mailed by first class, registered or certified mail, postage prepaid, to the address on our Contact Us page.