An Exclusive Behind-The-Scenes Look at Avisa Diagnostics Inc.’s Innovation We invite you to join us for an exclusive look at Avisa Diagnostics’ innovative platform and how it is transforming healthcare. Avisa is a clinical-stage medical device company developing the Avisa BreathTest™, (ABT), a novel drug/device combination biomarker technology platform. The Company has established clinical proof-of-concept through trials in cystic fibrosis, tuberculosis and community-acquired pneumonia, which demonstrated positive safety and clinical efficacy results. There are 1.7 million patients on ventilators annually in the U.S, with 400,000 of these patients diagnosed with ventilator-associated pneumonia, resulting in a mortality rate of 30% to 50%.
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FAMILY OFFICE MARKETPLACE
PRIVACY POLICY
Family Office Market Place, and any affiliates, (the “Company”) have adopted and implemented this privacy policy as part of our commitment to protecting your personal information from misuse. This Privacy Policy explains how we collect, use, share and protect information obtained from users and from visitors to our website (the “Site”) and the services, features, content, platform, tools or applications we offer. Other agreements rules may also apply to you including the Terms of Service, which incorporates this Privacy Policy by reference. By visiting the Site, you consent to the collection, disclosure and use of your information under the terms of this Privacy Policy.
We encourage you to read this Policy to learn more about the ways we collect, use, disclose, and protect the information we gather from this web site. If you are not comfortable with any of the practices or policies described in this Policy, we ask that you discontinue use of our Site. Please be aware that we may periodically update or revise this Policy without notice. Accordingly, please check this Policy frequently for changes.
Please note that information gathered in connection with any services provided via the Site may be governed by separate terms. In the event that you receive such services, you agree that those other terms shall supersede any conflicting terms contained in this Policy.
Contacting Us
The Site permits you to reach out to us. Whenever you send an email via the Site or otherwise contact us via the Site, you may be providing us with your first name, last name, personal or business email address and/or any other information you choose to provide us. For example, you may choose to provide your personal or business phone number, personal or business mailing address, your employer or other information necessary or helpful for us to address your query or concern.
Collection of Information
In order to better serve your particular needs, the Company (and third parties working on the Company’s behalf) may collect information from you while visiting our Site. Some of this information is collected automatically through various methods including, but not limited to cookies. The Company may also obtain information directly from you and, depending upon the nature of transactions you may conduct, from third party sources.
We may also collect anonymous information, which does not personally identify you, when you visit our Site. The anonymous information includes the pages you view on our Site, the search terms you enter into our search utility, your IP address and the operating system, browser software and Internet service provider you use, the dates and times you access our site.
We may use the standard "cookie" feature of major browser applications and other data capture mechanisms that allow us to store data about your visit. We may also use tracking cookies to see what other sites you visit. Cookies help us learn which areas of our site are useful and which areas need improvement. If we advertise on Google Ads in the future the service may place a cookie to display our ads on your browsers when you migrate away from our websites. We may also use cookies for Google Analytics tracking
You may configure your browser to prevent cookies from being set on your computer. If you do so, you may still view most of the Site, although you may not be able to enjoy all of our services.
We also collect information in several other ways, including:
Information you submit to us
When you sign up for our services and an account is created (your “Account”), we’ll ask for personal information, including but not limited to your name, email address or telephone number, which may be personally identifiable information (“Personal Information”). If you want to take full advantage of the services, you’ll also need to create a profile that will be a part of the information submitted to us. By creating an Account on the Services and providing such Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. Some features of the Services allow you to provide content to the Services, such as written comments. All content submitted by you to the Services may be retained by us indefinitely, even after you terminate your Account. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.
Information we get from your use of our services
We may collect information about the Services that you use and how you use them, like when you visit a certain part of our Site and how you interact with our content. This information includes:
Device information
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Family Office Marketplace may associate your device identifiers or phone number with your Account.
Log information
When you use our services or view content provided by us, we may automatically collect and store certain information in server logs. This may include:
Details of how you used our services, such as your search queries.
Internet protocol address.
Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
Cookies that may uniquely identify your browser or your Account.
Usage information, such as the number and frequency of visitors to the site.
Email communications
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
Aggregate information
We collect statistical information about how both members and visitors, collectively, use the services (“Aggregate Information”). Some of this information is derived from your Personal Information, but this statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.
Financial information
Financial information, such as your payment method (valid credit card number, type, expiration date or other financial information) may be collected and stored by a third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by such Payment Processor’s applicable terms of service and privacy policy.
Site Users
The Site is not intended for children under eighteen (18) years of age. The Company does not market any products or services to children under eighteen (18) years of age or knowingly collect any information from children under eighteen (18) years of age.
Third Party Access to Information
In order to better serve your particular needs, the Company and certain companies and individuals working on the Company’s behalf will have access to all or a portion of the various types of Site visitor information we may collect. When we share access to personal information with companies or individuals working on the Company’s behalf, we generally endeavor to protect such personal information by requiring those parties to enter into an agreement with the Company to safeguard the confidentiality of personal information. We may also disclose information about the use of our Site in aggregate, statistical form. Information provided by you or about you may also be shared with commercial users of the Site, including companies and issuers looking to connect with users of the Site.
As permitted by law, the information we collect, including personally identifiable information, may also be disclosed to third parties if the Company, in its sole discretion, believes disclosure is necessary to comply with legal or regulatory processes or requests or to protect the rights, property, or personal safety of the Company, its affiliates, and/or the respective customers, members, directors, officers, employees, agents, and representatives of the Company and its affiliates; other Site users; and/or the public.
If we sell our company or any part of it, or our business enters into a joint venture with another business entity, Family Office Marketplace may disclose or transfer your Personal Information to our new business partners or owners who may then provide you with information about their products and services. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Security
We use a secure server and security protocol to safeguard information we collect from you. To help ensure the security of your personal and financial information that you submit to us via our Site (other than via an e-mail message), we use security software to encrypt the information before and during its transmission through the Internet. We allow information to be submitted for transmission only if your browser is compatible with our security software. If your browser is not compatible, you will receive a message indicating your transaction cannot be completed because of the security risk.
E-mail messages are not secure. Our security software does not encrypt e-mail messages. Please keep in mind that transmitting information via the Internet is never completely secure and that, therefore, any information submitted may be intercepted, viewed, collected, used, altered, copied or disclosed by others. We are not responsible for the security or confidentiality of communications you send to us (or that we send to you) through the Internet using e-mail messages.
We take seriously the issue of safeguarding your privacy online. However, please note that you should exercise discretion with respect to the submission of any personal or financial information.
Links to Other Websites
This Site contains links to Web sites of third parties. Please note that when you click on one of these links, you will be accessing a website the Company does not control and which may be governed by privacy policies and practices that differ from ours. The Company is not, and will not be, responsible for the privacy policies or practices of third parties or the content or security of any third-party Web sites. These links are provided solely as a convenience to you and not an endorsement by the Company of the contents of such third-party Sites or resources. The Company is not, and shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, offerings, products, or services located on or through any other third-party Sites or resources, or any loss suffered by you. If you decide to access a linked Site, you do so at your own risk.
Consent
Any information you submit to us via our online forms or via e-mail is provided on a voluntary basis. When you access our Site, the collection, use, and distribution of your information will be handled according to the terms and policies outlined in this Privacy Policy, unless superseded by the appropriate Other Terms (as discussed above). By using this Site, you consent to collection and use of your information as described in this Policy, including personally identifiable information the Company may collect. If you object to any of the policies outlined in this Policy, we ask that you do not submit information to the Company or access our Site. We may update or modify this Policy at any time. Any such updates or modifications will be effective upon posting on this Site, and your continued use of the Site will constitute your consent to any updated or modified Privacy Policy.
Personally Identifiable Information
Information We May Collect: We collect certain information directly from you required for performing our services. We do this to help identify you, provide our services, and tell you about products or services you may want.
The information we collect may include: (a) Identity information – such as your name, legal entity, Tax ID number, Social Security number, address and officers; (b) Information from third parties – we may also collect information from consumer reporting agencies such as verifying your identity through public records.
USA Patriot Act of 2001
The information that is collected from you is within the guidelines and regulations of the USA Patriot Act of 2001, which requires the Company to obtain, verify and record information that identifies its clients and their affiliates.
Securing Your Information: Keeping your information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect your information. Employees and agents are authorized to access your information only when they need it to provide you with products and services or to maintain your accounts.
Exclusions
This Privacy Policy does not apply to any Personally Identifiable Information collected by the Company other than Personally Identifiable Information collected through the website. This Privacy Policy shall not apply to any unsolicited information you provide to the Company through this website or through any other means. All unsolicited information shall be deemed to be non-confidential and the Company shall be free to reproduce, use, disclose, distribute and exploit such unsolicited information without limitation or attribution.
Changes to This Privacy Notice
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of this notice at any time. Any changes or updates will be effective immediately upon posting to the web site and/or sending a notification to all registered users via email regarding such update. You should review this notice regularly for changes. Your continued use of our website, products, and services following the posting of any changes to this notice means you accept such changes.
Applicable Law and Jurisdiction
Our website is maintained in the United States of America. By accessing our website or using any of our products or services, you consent to and authorize the export of Personally Identifiable Information to the United States of America and its storage and use as specified in this Privacy Notice.
This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Florida applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.
Arbitration and Class Action Waiver
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE PRIVACY POLICY, YOUR USE OF THE SITE, FEES OWED, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN WEST PALM BEACH, FLORIDA UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF JAMS THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. You may not participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account on the Site, if we are a party to the proceeding.
This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Site or the Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with the Company.
Contact information: Any questions regarding the Company’s Privacy Policy can be sent to: info@fonmarketplace.com
Additional Privacy Notice for California Residents
Effective Date: July 2020
Last Reviewed on: July 2020
This Privacy Notice for California Residents supplements the information contained in our privacy policy above and applies solely to all visitors, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:
Category A: Identifiers
Examples: A real name, Internet Protocol address, email address, or other similar identifiers.
Collected: YES
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: NO
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: NO
Personal information does not include:
Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtains the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete on our website.
Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose [or sell your personal information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights)]. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. [The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.]
We share your personal information with the following categories of third parties: Vetstoria, our online booking tool. Please see https://www.vetstoria.com/privacy-policy/for their privacy policy.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose.
Sales of Personal Information
In the preceding twelve (12) months, Company had not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
sales, identifying the personal information categories that each category of recipient purchased; and
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance, specifically by electronic mail communication.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following our webpage and sending us a message.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this notice, the ways in which we collect and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at info@fonmarketplace.com
FAMILY OFFICE MARKETPLACE
TERMS OF USE
Access to this site (the “Site”), is provided by Family Office Marketplace (the “Company”). For purposes of these Terms of Use, the Company means and includes Company’s affiliates, and their respective officers, directors and employees.
Each time you use or cause access to the Site, you agree to be bound by the following terms and conditions (“Terms of Use”), in addition to any other applicable agreements with the Company. Please read these Terms of Use carefully before using the Site. Your access, link to or use of this Site constitutes your acceptance of the Terms of Use. If you do not agree to these Terms of Use, you should not use the Site. The Terms of Use may be amended from time to time with or without notice to you. Modifications shall become effective immediately upon being posted. Accordingly, please continue to review the Terms of Use whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the Terms of Use will constitute your acceptance of the Terms of Use, as modified. If, at any time, you do not accept the Terms of Use, you may not access, link to, or use the site.
By agreeing to the Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated into these Terms of Use. All personal data provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy.
If you do not agree to the terms and conditions of this Terms of Use, you should immediately cease all usage of this Site.
No Warranty
The fact that the Company has made the data and services provided on this site available to you does not constitute (i) a recommendation that you enter into a particular transaction with anyone or (ii) a representation that any product, service offering described on this site is suitable or appropriate for you. The Company is not a party to any transaction you may determine to enter into directly with an issuer, investor or other user of the Site. Information on the Site of the risks of a transaction you may enter into directly is not a comprehensive information of the risks related to a transaction. You should not construe the material contained on the Site as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice or make the information available through this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts. You may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.
The Site is provided by the Company on an "as is" and on an "as available" basis. The Company disclaims all warranties, express, implied or statutory, including without limitation implied warranties of merchantability and fitness for a particular purpose or course of performance or dealing, and any warranties that materials on the site are non-infringing. The Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. The Company does not warrant that the system, services, or any component thereof, will meet the requirements of the user or that the operation of the system, service, or any component thereof, will be uninterrupted or error free. The Company does not warrant that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be complete, accurate or timely. If you download materials from this Site, you do so at your own discretion and risk. The Company does not undertake and has no obligation to correct or update any information contained on this Site. The Company has no liability for any interruptions in the use of this Site. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in any such jurisdiction. The Company does not own nor control the third-party website that linked you to the Site.
Limitation of Liability
You expressly understand and agree that, to the full extent permitted by applicable law, the Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by the Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of 100USD or the aggregate cumulative amount paid by you to the Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
You further understand that the Company is not involved in any way with any transactions between buyers and sellers on the Site, and does not render any investment or legal advice in connection therewith.
None of the information submitted on the Site with respect to any business or investment opportunities constitutes a solicitation, offer, opinion, or recommendation by the Company to buy or sell any assets or securities or other financial instruments or to provide legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any transaction or any kind of security or investment. The Company makes no recommendations and offers no opinion in connection with the merit of any business or investment transaction. For these reasons, all users of the Site agree to be responsible for their own due diligence and the legal and regulatory compliance of any transaction or investment listed on the Site and the Company makes no representation or assurance about such compliance. The Company is not responsible for information or material made available through the Site that contain typographical errors or inaccuracies. In addition, The Company does not control the information or material provided by other users that is made available through the Site.
Indemnification
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, officers and employees from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of of this Site, including information made available to you through this Site or the violation of this Terms of Use, including any breach of your covenants or agreements hereunder. The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you based on a third party claim and, in such case, you agree to cooperate with Company in the defense of such matter.
Use of the Site
The Site is offered only for your use, and not for the use or benefit of any third party. You may not redistribute, sell or give away any content or data on the Site. We may, in our sole discretion, refuse to offer the Site to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that as applicable to you, your use of the Site is in compliance with all applicable laws, statutes, ordinances, rules and regulations. Any breach of these Terms of Use shall cause the user that caused any such breach to be liable to the Company for any and all damages suffered by the Company. Your right to access the Site will be immediately revoked where (i) the use of the Site is prohibited, (ii) you materially breach the terms of use or any other agreement with the Company, (iii) to the extent the offering, sale or provision of the Site conflicts with any applicable law, statute, ordinance, rule or regulation, or (iv) as otherwise contemplated in the Terms of Use.
We reserve the right to refuse service, terminate relationships, and/or cancel membership in our sole discretion.
If you do not agree to the Terms of Use, the Privacy Policy, or any other subsequently referenced agreements or documentation, you must not access the Site.
Age Requirement
In order to use the Site you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site.
Use of Links
The Site may include links to other sites or resources, or you may be linked to this site from other sites. These links are provided solely as a convenience to you and not an endorsement by the Company of the contents of such third-party sites or resources. The Company neither controls nor endorses any such other sites, nor has it reviewed or approved any content that appears on such other sites, nor such other sites’ terms of use or privacy policies. The Company is not, and shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, offerings, products, or services located on or through any other third-party sites or resources, or any loss suffered by you. If you decide to access a linked site, you do so at your own risk.
Accredited Investor Certification
In order to participate on the Site as an investor or lender, you must be an “Accredited Investor” as defined by the U.S. Securities and Exchange Commission and you hereby represent and warrant that you are an Accredited Investor. Accredited Investor is defined (as of the date referenced above) to include the following categories of investors (among others):
Registration
When signing up for the Site you must provide accurate and complete information and keep your member account or user information updated. You shall not:
You are solely responsible for the activity that occurs on your member account, and for keeping your password secure. You may never use another person’s account or registration information for the Site. You must notify us of any change in your eligibility to use the Site breach of security or unauthorized use of your member account or user account. You should never disseminate or disclose login information for your member account or User account other than to authorized persons.
Acceptable Use
By accepting the Terms of Service and using the Site, you agree not to:
If we permit you to input information into the Site, you may not (and may not permit any third party to) input any information or content that:
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load or burden on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; (v) harvest or scrape any content from the Site; or (vi) otherwise take any action in violation of the Terms of Service.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
We reserve the right to access, read, preserve, and disclose information (other than any information that you designate as confidential) to the extent necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms of Service, including without limitation, investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our members, users and the public.
Intellectual Property and Copyright
The contents of the Site are the property of the Company or its content suppliers, and are subject to the copyright or other intellectual property rights of the Company and to the terms of licenses held by the Company. Such intellectual property is protected by federal and state law.
User License
Subject to the Terms of Service, we grant each user of the Site a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) content solely for purposes of accessing and using the Site. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this Site, or of any products or services sold by the Company, is strictly prohibited. You may copy information from the Site only as strictly necessary for your own use of the Site.
Otherwise, no portion of the Site may be reproduced, duplicated, copied, sold, resold, licensed, rented or otherwise exploited for any commercial purpose that is not expressly permitted by the Company. The commercial use or public dissemination of any information and data gathered from the Company is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing may subject you to compensatory and punitive damages, and shall specifically also entitle the Company to equitable relief, in addition to any other available remedies.
User Content
All content added, created, uploaded, submitted, distributed, or posted to the Site by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent and warrant that you have all rights to provide the User Content and grant the licenses set forth below to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, droit moral rights, trademarks, contract rights, or any other intellectual property or proprietary rights.
License to Family Office Marketplace
You grant to us a limited, non-exclusive, non-sublicensable and non-transferable license to use any information disclosed to the Company for purposes of marketing the Site, provided that in no event shall we use the actual names of the parties. In addition, the Company shall be permitted to aggregate all such information for internal or commercial purposes, provided that in no event shall any such information sold include the actual names of the parties unless that information is already in the public domain.
Availability of Content
We do not guarantee that any content will be made available on the Site. We reserve the right, in our sole discretion, to (i) remove, edit or modify any content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities that such content infringes or appears to infringe on intellectual property rights owned by others or if we are concerned that you may have violated the Terms of Service), or for no reason at all; and (ii) to remove or block any content from the Site.
Copyright Infringement
If you believe that any material contained in the Site infringes your intellectual property, you should notify the Company of the alleged infringement in accordance with the following procedure: Send any notification of claimed copyright infringement to the email address below. To be effective, the notification must be in writing and include the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for the Company to locate the material; (iii) contact information of the notifying party, such as address, telephone number and email; (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and (v) a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
Arbitration and Class Action Waiver
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THE TERMS OF SERVICE, YOUR USE OF THE SITE, FEES OWED, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN WEST PALM BEACH, FLORIDA UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF JAMS THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. You may not participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account on the Site, if we are a party to the proceeding.
This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Site or the Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with the Company.
Disclaimer Regarding Accuracy of Third-Party Information
The Company may provide information on this Site supplied by third parties, including by other users of the Site. The Company does not endorse or independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for content displayed on this Site that may be provided by a third party.
Privacy
The Privacy Policy describes the type of information we collect when you access the Site, how we use it, and how it is protected.
Security
The Company cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. although passwords or other security protections may be in use.
Site Use
Unauthorized use of the Site and systems, including, but not limited to, unauthorized entry into the Company’s systems or misuse of any information is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden or impair any of Company site or service or interfere with any other party’s use and enjoyment of any Company site or service. You may not attempt to gain unauthorized access to any Company site or service, computer systems or networks connected to any Company site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.
Your “Information" means any information and materials you provide to the Company or other users in connection with your registration for or use of the Site. You are solely responsible for Your Information, and the Company acts merely as a passive conduit for your online distribution and publication of your Information. You hereby represent and warrant to the Company that your use of this Site and your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any state, federal, or local law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for the Company or cause the Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Governing Jurisdiction
This Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, without reference to its choice of law principles.
Copyright and Trademark Information
All content and material, including, but not limited to documents, designs, logos, graphics, artwork, images, photographs, audio clips, video clips, databases, text, HTML and other material on the Site, including the selection and arrangement thereof, copyrights, trademarks, service marks and tradenames (collectively, the “Content”) is the sole property of the Company or its clients, unless otherwise indicated, and is legally protected under U.S. federal and state, as well as foreign, laws, regulations and treaties, including applicable copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content available on this Site may only be downloaded, displayed, reformatted and printed for your personal, non-commercial use, provided that (a) you do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; and (c) you do not copy, post, distribute or transmit the Content on any other Site or via any network computer, or broadcast the Content in any media. You may not reproduce, retransmit, distribute, disseminate, sell, publish, frame, broadcast or circulate the content available on this Site to anyone, including but not limited to, others in the same company or organization without the Company’s express prior written consent.
Certain sections of or pages on this Site may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.
The Company retains the right, at its sole discretion, to terminate any User accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, then Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
By Mail:
Family Office Marketplace
Attn: Privacy Policy Representative
307 Evernia St, 3rd Floor
West Palm Beach, FL 33401
