Terms of Use/Privacy Policy

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Terms of Use / Privacy Policy

Welcome to the Eden Capital Management LLC ("Eden", "us", "we", "our" or the "Company") website located at https://eden1.wpengine.com (the "Site").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. The following Terms of Use apply when you use the Site and by using or accessing the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without qualification. If you do not agree to these terms, you do not have our consent and should exit the Site. Eden retains the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. By using the Site after we have posted changes to these terms and conditions of use, you agree to be bound by the terms as amended.

INVESTMENT, LEGAL AND TAX ADVICE DISCLAIMER
NOTHING CONTAINED IN THE SITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE SITE CONSTITUTES A SOLICITATION OR OFFER BY EDEN, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTEREST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD EDEN AND ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.

WARRANTY DISCLAIMER
THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE SITE; (B) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Restrictions of Use of the Site
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Eden and/or its affiliates. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio, and video, for public or commercial purposes without Eden's written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Eden and/or its affiliates. Neither Eden nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site.

Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.

General Terms
If any part of these Terms of Use is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The Company may assign or delegate these Terms of Use and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://eden1.wpengine.com REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Privacy Policy
This Privacy Policy applies to your use of the Eden Capital Management LLC ("Company", "we", or "us") website, currently located at https://eden1.wpengine.com/ (the "Site"). To help you understand how we collect, use, and disclose your personal information, we have provided you with this Privacy Policy. This Privacy Policy is incorporated into our Terms of Use, accessible here. By accessing and using our Site, you agree to be bound by our Privacy Policy and Terms of Use. If you do not agree with any part of this Privacy Policy, please do not use this Site. Capitalized terms not defined herein have the meanings ascribed to them in the Terms of Use.

COLLECTION AND USE
In order to sign up as a User, we may need to collect some personal and business-related information about you. We may collect this information for a number of reasons including, but not limited to, registering your account with us, responding to your requests, or providing relevant information and services to you. When signing up for a new account, you will need to provide information about yourself, such as your name, email address, phone number, business information and biographical information (e.g., education and employment information).

SHARING
Our policy is to not share your personal, business or other information with any third parties except as set forth in this Privacy Policy.

We may share your information with third parties if you have consented to such sharing.
We may share Entrepreneur Information with other angel groups, investors, and funds in the normal course of facilitating deal-sharing opportunities that the Company, in its sole discretion, deems appropriate.

We may share your information with third party service providers who perform services on our behalf.

We may share your information with third parties as part of a merger, acquisition, or sale of the Company and/or its assets, as well as in the event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as an asset of the Company.

We may also share your information if required to do so by law or legal process, to enforce this Privacy Policy and our Terms of Use, to assist in a regulatory or law enforcement investigation, or to protect the rights, property or safety of the Company, our employees, Entrepreneurs, Members, or the public generally.

COOKIES AND OTHER WEB TECHNOLOGIES
Our Site uses cookies and other web technologies. A cookie is a small text file that is stored on your computer or device by a website’s server. When you visit our Site, we may use cookies to collect non-personal information about your device or about your activity on our Site. We may use this information to improve our Site, to remember your user preferences, such as your continued level of interest in receiving information about a particular Entrepreneur or business, or to remember your log in credentials if you navigate away from our Site. Most browsers have options that allow you to choose which cookies may be placed on your device and to delete or disable cookies. Please note though that setting a browser to reject cookies may limit your experience on our Site.

THIRD PARTY WEBSITES AND SOCIAL NETWORKS
Our Site may link to websites that are not under our control. For example, we may provide links to Entrepreneur companies or other angel groups, investors, and funds. We may also provide links to social networks, such as LinkedIn. We are not responsible for the privacy practices at these third-party websites or their use of your information. As such, we recommend that you review the privacy policies for these websites.

SECURITY
Our Site uses reasonable security procedures to protect your information. However, no data over the Internet can ever be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of your information and you understand that any information that you transfer or transmit to us is done at your own risk.

CHILDREN
Our Site is intended for use by individuals aged 18 and over, and is, therefore, not directed to children under the age of 18. We do not knowingly collect personal information from children under the age of 18. If you are under the age of 18, please do not use our Site and do not provide any personal information to us.

YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, allows individuals who have provided their personal information to us to request information about our disclosures of certain categories of personal information (if any) to third parties for their direct marketing purposes during the immediately preceding year. Eden Capital Management LLC does not currently share any personal information with third parties for their direct marketing purposes.

AMENDMENTS
We reserve the right to change the terms of this Privacy Policy at any time. We display an Effective Date at the top of this policy so that it will be easier for you to know when there has been a change. If there are material changes to this Privacy Policy, we will notify you by posting a notice on our Site or by other means, such as by sending you an email. We encourage you to review this Privacy Policy whenever you visit our Site.

QUESTIONS OR COMMENTS
If you have questions or comments about this Privacy Policy, you can contact us by emailing us at [email protected].