TERMS OF USE | Linville Capital LLC

Linville Capital Terms of Use

These Terms of Use (the “Terms of Use”) govern all use of the websites made available by Linville Capital, LLC (“Linville”, “we”, “us” or “our”) that link to these Terms of Use, including www.linvillecapital.com (each, a “Site” and, collectively, the “Sites”), as well as any platforms, applications, property information, property management information, or tools made available by us via the Sites or that otherwise link to these Terms of Use, including the Investor Platform (the “Services”). In these Terms of Use, the words “you” and “your” refer to the individual, company, entity or organization accessing or using the Sites and/or Services.

In order to access or use the Sites or Services, you must first read these Terms of Use and agree to all the terms and conditions contained herein. BY ACCESSING AND/OR USING THE SITES AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES.

If you are agreeing to be bound by these Terms of Use on behalf of your employer, organization or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer, organization or the applicable entity to these Terms of Use; (ii) you have read and understand these Terms of Use; and (iii) you agree, on behalf of the party that you represent, to these Terms of Use. If you do not have the legal authority to bind your employer, organization or the applicable entity, please do not use the Sites and/or Services on its behalf.

Changes To These Terms Of Use

We reserve the right to add to, update or change these Terms of Use at any time in our sole discretion by posting a new version of these Terms of Use to the Sites and/or Services. You should check these Terms of Use for changes each time that you access the Sites and/or use the Services, as your continued use of the Sites and Services after we post any additions, updates or changes to these Terms of Use will constitute your consent to be bound by the new Terms of Use. If you do not agree to any addition, update or change to these Terms of Use, you should not access or use our Sites or Services.

Privacy

We have established a Privacy Policy to explain how your information (and the information of any End User, as defined below) is collected and used by us. Please review the Privacy Policy to understand our practices. The Privacy Policy is located here.

Using The Sites And Services

REGISTRATION. In order to use the Services or other features made available to you on the Sites, you may need to create an account, including a username and password. When you register for an account, you are required to provide information about yourself that is true, accurate, current, and complete in all respects, including your name, address, and e-mail address. Users who have created an account can see and manage their account through the “Investor Login” portion of the Site. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You may not share your account information with any third party, and you are responsible for maintaining the confidentiality of your account. You are fully responsible for all activities that occur through the use of your account. Should any of your registration information change, please update your account information or notify us immediately at the following e-mail address: info@linvillecapital.com.

AVAILABILITY. We may modify, update, interrupt, suspend or discontinue the Sites or Services, in each case in whole or in part, at any time in our sole discretion without notice. The Sites and/or Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.

LIMITED LICENSE. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Sites or Services, or any content contained or made available via the Sites or Services, without our express written consent. The foregoing license granted by us immediately terminates if you do not comply with these Terms.

TERMINATION OF ACCOUNT. We reserve the right, in our sole discretion, to determine whether your use of the Sites and Services is consistent with these Terms. We, in our sole discretion, may suspend, restrict or terminate your use of the Sites and/or Services.

Restrictions On Use

In connection with your use of the Sites and Services, you represent and warrant to us that you:

are at least 18 years of age;
will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;
will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;
will not attempt to gain unauthorized access to the Sites or Services, the accounts of other users of the Sites or Services, or other computer systems or networks connected to the Sites or Services;
will not use the Sites or Services in any way that could interfere with our rights or the rights of other users;
will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;
will not post any defamatory, illegal, infringing or misappropriated content to the Sites or Services; and
will abide by all applicable laws.

Notice And Communications

You agree that we may communicate with you under these Terms of Use through email, regular mail or by posting any notices on the Sites or Services. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Sites or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third Parties

The Sites and Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site and provide these links as a convenience only. You agree that your use of a Third Party Site is at your own risk and that we are not responsible for the availability or contents of any Third Party Site and in no event shall we, our parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Sites or Services, even if informed of the possibility of such damages.

Intellectual Property

All content and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software are the exclusive property of Linville Capital or its licensors and are protected by United States and international copyright laws. Except for the limited license granted herein, these Terms of Use do not transfer from Linville Capital to you any Linville Capital or third party intellectual property rights, and all right, title and interest in and to the Sites and the Services will remain (as between you and Linville Capital) solely with us.

The trademarks, service marks, logos, trade dress, graphics page headers, button icons, scripts, and service names (collectively, the “Marks”) included in or made available through the Sites or Services are, unless otherwise identified, the property of Linville Capital or one of its related entities in the U.S. and other countries. The Marks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Product names used on the Sites and Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Mark included in or made available through the Sites and Services.

No Warranty

THE SITES, SERVICES AND ALL INFORMATION ON OR FROM THE SITES AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

These Terms of Use and the relationship between you and us, including but not limited to claims relating to the Sites and Services will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Mecklenburg County, North Carolina, and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.

Severability

These Terms of Use are severable. If any provision contained in these Terms of Use is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.

Entire Agreement

These Terms of Use incorporate by reference any terms or notices contained on the Sites and Services, including but not limited to the Privacy Policy, and contain the entire agreement between you and us regarding the use of the Sites and Services, and the ordering of products through the Sites and Services, and supersede any prior agreement, whether written or oral, between you and us regarding the subject matter contained in these Terms of Use.