GrowthFountain Electronic Signature and Electronic Delivery of Documentation
This E-Sign Policy and Disclosure (the “Disclosure”) from GrowthFountain Capital LLC (“GFC”, “we” or “us,” ) applies to all communications between you and GFC. The words “you” and “your” means you, the uniquely identifiable individual person who has registered, generated a log-in or otherwise created an account or user profile on the website operated by GFC that serves as a funding portal in connection with the offer and sale of securities (the “Platform”). If you are using the Platform at any time in any manner as an employee, representative, promoter or agent for any business or entity, then you understand and agree that this Disclosure applies to such business or entity and that you are accepting these terms on behalf of yourself and such business or entity.
- Regulatory Acknowledgement. You understand that Regulation Crowdfunding (17 CFR 227.100) requires that you agree to receiving electronic delivery of documents.
- Method of Providing Communications. Communications that we provide to you in electronic form may be provided in the following forms as determined by GFC: (a) via e-mail at the e-mail address you specify in your account on the Platform, (b) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, (c) by access to a web site that will generally be designated in advance for such purpose, (d) by requesting you download a PDF file or (e) by displaying information to you on the Platform through text, graphic, pop-up window or otherwise.
- How to Withdraw Consent: You may withdraw your consent to receive Communications in electronic form but doing so will cause you to lose access to the Platform and any information contained in your account on the Platform. We may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. To withdraw your consent, you must e-mail email@example.com and provide an acknowledgement that you are willingly giving up any ability to access the Platform and that you release GFC from any liability for withdrawing such access.
- How to Update Your Records: It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and to maintain and update promptly any changes in this information by logging into your account on the Platform.
- Hardware and Software Requirements: In order to access, view, and retain electronic Communications that we make available to you, you will need an internet browser that supports 128 bit encryption; sufficient electronic storage capacity on your computer’s hard drive or other storage unit; an e-mail account with an internet service provider and e-mail software; a personal computer that meets the following hardware and software requirements: Dual Core 1.6GHz or faster with RAM: 1 gigabyte (GB) (32-bit) or 2 GB (64-bit), Internet connection (if modem, at least 56K) and Adobe Acrobat Reader 5.0 or higher. We do not support beta versions of Operating Systems or Web Browsers. All system requirements are subject to change. • Skyward Web Based Food Service Point Of Sale (POS) must meet the following minimum hardware requirements: Dual Core 1.6GHz or faster with RAM: 1 gigabyte (GB) (32-bit) or 2 GB (64-bit)
- Paper Copies: We will not send you a paper copy of any Communication from us. You can obtain a paper copy of an electronic Communication by printing it yourself through your account on the Platform. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records this Disclosure and any other Communication that is important to you.
- Federal Law: You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- Termination/Changes We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
- CONDITIONS OF USE; DISCLAIMER; LIMTATIONS OF LIABILITY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE PLATFORM AND THE GROWTHFOUNTAIN.COM WEBSITE, YOU ACKNOWLEDGE YOU AGREE TO BE BOUND TO THE FOLLOWING CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE WITH EACH TERM OF USE SPECIFIED HEREIN, YOU ARE NOT GRANTED PERMISSION TO USE THE PLATFORM AND MUST EXIT THIS SITE IMMEDIATELY. THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MATERIALS ON THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AND DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GFC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GFC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE GFC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE PLATFORM, ERRORS OR OMISSIONS SOMETIMES OCCUR. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GFC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIAL CONTAINED ON THE PLATFORM AND UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GFC OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE PLATFORM. FURTHERMORE, GFC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PLATFORM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM The GROWTHFOUNTAIN.COM WEBSITE. UNDER NO CIRCUMSTANCES WILL GFC BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE PLATFORM OR ANY PORTION THEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE.
- Minors. No person under the age of 18 may use the Platform. GFC does not knowingly solicit business or gather information from minors and request that any minor have their parent or a responsible adult contact us. If you are a minor, please leave this site immediately.
- Links to Other Sites. If you choose to link to a website not controlled by GFC, GFC makes no warranties, either expressed or implied, concerning the content of such site, including the accuracy, completeness, reliability, suitability thereof for any particular purpose, nor does GFC warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid or viruses or other contamination. Links to non-GFC sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites or any representation regarding the content at such sites.
- Enforceability. In the event any of the terms or provisions of this Esign Policy and Disclosure shall be held to unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intent underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with GFC. Nothing in the Platform should be construed as rendering tax, legal, investment or accounting advice.
- Ownership of Information. Any information, other than personal data or information (including e-mail addresses), you transmit to GFC via the Platform, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of GFC.
- Trademarks and Copyrights. All trademarks, service marks, trade names, logos, and icons are proprietary to GFC or used with permission obtained by GFC, as applicable. Nothing contained on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without the written permission of GFC and/or the owner of the mark, logo or icon, as applicable. Any unauthorized use of marks or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Last updated September 15, 2016