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This User Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the Aeon Platform, any websites of subsidiaries and affiliates of Aeon, and all information, content, tools, features and functionality located thereon collectively referred to as “Aeon” or the “Platform.”
The Platform provides investors with information regarding private company shares or equity interests in shares. When you use the Platform, you agree to comply with these terms and conditions.
1. ACCEPTANCE
Use of the Platform constitutes your agreement to be bound by the terms and conditions contained in this Agreement, the Legal Statements published throughout the Platform and the Privacy Policy, which is incorporated by reference into this Agreement and can be found at [link to Privacy Policy, each as may be amended from time to time.
You represent and warrant that you are of legal age to use the Platform. You may not accept this Agreement if you are not of a legal age to form a binding contract with Aeon. By accepting this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. You may print or save a copy of this Agreement for your records.
2. PRIVACY
For information about Aeon data protection practices, please read the Privacy Policy. The Privacy Policy explains how Aeon treats your personal information and protects your privacy when you access Aeon and use the Platform. The Privacy Policy may be updated from time to time in the sole discretion of Aeon. Changes are effective upon posting to Aeon, or as otherwise specified upon posting.
3. INFORMATION FROM THIRD PARTIES
Aeon works with third-party providers of information in connection with the Platform. Aeon does not endorse or guarantee any such third-party information for any purpose, including but not limited to accuracy, legality, non-infringement or fitness for any particular purpose. Aeon is not responsible for any third-party products and services or third-party websites accessed through the Platform.
4. OFFERS AND THIRD-PARTY LINKS
Some services on the Platform may be supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Platform, queries made through the Platform or other information. In connection with any such offers, the Platform may provide links to other websites belonging to Aeon advertisers and other third parties. Aeon does not endorse, warrant or guarantee the products or services available through any such offers (or any other third-party products or services advertised on or linked from its site), and Aeon is not an agent or broker or otherwise responsible for the activities or policies of those websites.
5. YOUR REGISTRATION INFORMATION
Any information provided to or data generated by your activities on the Platform will be available to Aeon in order to assist you with the Platform and services provided by Aeon. You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID e-mail address, allows you to access the Platform.
Your Login ID and password, together with any mobile number or other contact information you provide form your ‘Registration Information.’
By providing Aeon with your e-mail address, you agree to receive all required notices from Aeon electronically, to the e-mail address provided. It is your responsibility to update and inform Aeon of a change to your address. You may send notice of changes to your email and contact information to [email protected]. Notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the e-mail or through a link to the appropriate page on the Platform accessible through most standard, commercially available Internet browsers. If you become aware of any unauthorized use of your Registration Information, you agree to notify Aeon immediately at [email protected].
6. YOUR USE OF THE PLATFORM
Your right to access and use the Platform is personal to you and is not transferable by you to any other person or entity; this includes your brokers, agents or proxies. You are only entitled to access and use the Platform for lawful purposes.
In order for the Platform to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Platform may be affected.
Your access and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair, or other actions that Aeon, in its sole discretion, may elect to take. Aeon cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. Aeon cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
Aeon may terminate your access to the Platform within its sole discretion.
7. ONLINE AND MOBILE ALERTS
Aeon may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your account, such as a change in your Registration Information. You do not need to activate these alerts. Although you may have the option to turn off some of these automatic alerts, Aeon recommends that you leave them on, since they may be security related.
Voluntary account alerts may be turned on by default as part of the Platform. Aeon may add new alerts from time to time or cease to provide certain alerts at any time in its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.
If your e-mail address changes, you are responsible for informing Aeon of that change promptly. Alerts may include your Login ID and some information about your account. Anyone with access to your e-mail will be able to view the content of these alerts.
8. ALERT DISCLAIMER
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. Aeon does its best to provide alerts in a timely manner with accurate information. Aeon does not guarantee the delivery or the accuracy of the content of any alert. You explicitly agree that Aeon shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert.
9. RIGHTS YOU GRANT TO US
Any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, “Accounts Content”) you provide in connection with the Platform, you are licensing, free of any charge, the Accounts Content to Aeon solely for the purpose of providing the Platform services. Aeon and its third-party vendors may use such Accounts Content, but only to provide the Platform services to you. By submitting Accounts Content, you represent that you are entitled to submit it in connection with the Platform for use for this purpose, without any obligation by Aeon to pay any fees or other limitations.
You hereby authorize and permit Aeon to use information submitted by you to the Platform; including account passwords, usernames, investment information and banking information, to configure the Platform so that it is compatible with the third-party sites.
10. AEON’S INTELLECTUAL PROPERTY RIGHTS
The Platform’s “look and feel” (for example, the text, graphics, images, logos and button icons appearing on the website), photographs, editorial content, notices, software (including HTML-based computer programs) and other materials are protected under United States and other applicable copyright, trademark and other laws. The contents of Platform belong to or are licensed to Aeon or its software or content suppliers. Aeon grants you the right to view and use the Platform subject to these terms. You may download or print a copy of information provided on the Platform for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content on the Platform, in whole or in part, for any other purpose is expressly prohibited without AEON’S prior written consent.
11. ACCESS AND INTERFERENCE
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Platform, without AEON’S express written consent, which may be withheld in AEON’S sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, other than the search engines and search agents available through the Platform and other than generally available third-party web browsers (such as Microsoft Internet Explorer and Apple Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Platform; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Platform.
12. RULES FOR SUBMITTING INDICATIONS OF INTEREST TO MAKE AN INVESTMENT OR REDEEM AN INVESTMENT ON THE PLATFORM
As part of the Platform services, Aeon may allow users to submit indications of interest to make an investment or redeem an investment.
- You are solely responsible for all content you submit in connection with the Platform.
- By submitting content in connection with the Platform, you represent that you have all necessary rights and hereby grant Aeon the right to use the information for the business purposes supported by the Platform.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the Platform, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Platform, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Platform infrastructure or that negatively affects the availability of the Platform to others.
- You may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in areas explicitly designated for such purpose.
- You may not copy or use personal identifying or business contact information about other users without their express written permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Platform are prohibited.
13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE CONTENT AND ALL INFORMATION AND PRODUCTS ASSOCIATED WITH OR PROVIDED THROUGH THE PLATFORM ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. AEON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
AEON MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE PLATFORM, WHETHER SUCH CONTENT IS PROVIDED BY AEON OR BY A THIRD PARTY ON THE PLATFORM, AND AEON EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. AEON MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
14. NOT A REGISTERED EXCHANGE, FINANCIAL PLANNER, INVESTMENT ADVISER OR TAX ADVISOR
NEITHER AEON NOR THE PLATFORM IS INTENDED TO PROVIDE LEGAL, TAX, INVESTMENT OR FINANCIAL ADVICE. Although the Platform may provide data, information, or content relating to investment strategies and/or opportunities to invest in and/or redeem fund interests, you should not construe any such content as tax, legal, financial, or investment advice.
Aeon is not
- a registered exchange under the Securities Exchange Act of 1934,
- a registered investment adviser under the Investment Advisers Act of 1940 or state law,
- a financial or tax planner, and
- does not offer legal advice to any user of the Platform.
15. LIMITATIONS ON AEON’S LIABILITY
NONE OF AEON OR ITS AFFILIATES SHALL IN ANY EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO OR YOUR USE OF THE PLATFORM.
16. YOUR INDEMNIFICATION OF AEON
You shall defend, indemnify and hold harmless Aeon and its affiliates, officers, directors, shareholders, members, managers, employees, agents, consultants and advisers, from and against all claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
17. TERMINATION
This Agreement will continue to apply until terminated by either you or Aeon. You may terminate your legal agreement with Aeon by disabling your Aeon account. Aeon may at any time, in its sole discretion, terminate its legal agreement with you immediately upon notice to the e-mail address provided by you as part of your Registration Information or as subsequently updated by you. Following termination of this Agreement, the Privacy Policy will continue to apply to any Registration Information that Aeon is required to retain. Notwithstanding anything to the contrary herein, all covenants, agreements, representations and warranties made by you in this Agreement shall survive the termination of this Agreement.
18. MODIFICATIONS OF THIS AGREEMENT
Aeon may modify this Agreement from time to time in its sole discretion. It is recommended that you review it periodically. The Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you visit Aeon or use the Platform after such changes are made. and posted thereon.
19. ARBITRATION / GOVERNING LAW AND VENUE FOR DISPUTES
You understand that, in return for your agreement to this arbitration provision, Aeon is able to offer the Platform at the terms designated, and that your assent to this provision is an integral part of Aeon’s willingness to authorize your use of the Platform. This arbitration clause shall apply except in the instance of imminent harm requiring temporary or preliminary injunctive relief in which case Aeon may seek such relief in any court with jurisdiction over the parties.
Arbitration Agreement.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in the City and County of San Francisco, before one arbitrator. The arbitrator shall apply California law. The petitioner shall initiate arbitration by service of a Demand for Arbitration upon the respondent. The arbitration shall be administered by JAMS in English and the JAMS Streamlined Procedures shall apply. Judgment on the award may be entered in any court having appropriate jurisdiction. This clause shall not preclude parties from seeking remedies in aid of compelling arbitration from a court of appropriate jurisdiction. Each party will bear its own initial costs for arbitration; however, the prevailing party shall be awarded reimbursement of its arbitration expenses as a measure of costs. The prevailing party in arbitration shall also be awarded reasonable attorneys’ fees. The arbitrator shall render a written decision, including the factual basis for such decision. The provisions of this paragraph shall survive any termination of this Agreement.
20. MISCELLANEOUS
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.
You agree that if Aeon does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Aeon has the benefit of under any applicable law), such failure to exercise such right or remedy may not be construed as a waiver of any other rights and remedies of Aeon.
This Agreement and the Privacy Policy represents the entire understanding and agreement between you and Aeon regarding the subject matter of the same and supersedes all other previous agreements.
Your use of the Platform constitutes your acceptance of the terms and conditions of this User Agreement.