Welcome to 819 Capital.
These Terms of Service (the “Terms”) are a binding legal agreement between you and 819 Capital LLC (“819 Capital” or “we”), regarding your use of the website www.819capital.com (the “Website”). Please read these Terms carefully.
We may periodically make changes to these Terms. By accessing or using the Website, you accept these Terms and any modifications that we may make to these Terms. When we modify these Terms, we will update the “Last Updated” date above. If you continue to use the Website after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Website as of the date of the modification. If you do not agree to any provision of these Terms, you must not use the Website.
You must be 18 years of age or older to use the Website. Use of the Website is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Website is not intended for those under the age of 18.
2. License to Use our Services
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Website for your personal use and not for resale or further distribution. Your right to use our Website is limited by all terms and conditions set forth in these Terms.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Website, including all related intellectual property rights. Our Website is protected by applicable intellectual property laws, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Website; (ii) rent, lease or sublicense access to any of our Website; (iii) circumvent or disable any security or technological features or measures of our Website; (iv) access, monitor, or copy any content or information on the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; or (v) “frame”, “mirror,” or otherwise incorporate any part of the Website into any other website without our prior written authorization.
819energy.com, the 819 Capital logo, and any other product or Website name or slogan contained on the Website are trademarks of 819 Capital and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, Website, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Website. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
5. Third-Party Content
The Website may contain links to webpages and content of third parties (“Third-Party Content”) as a Website to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Website, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Website. You access and use Third-Party Content at your own risk.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Submissions”), are non-confidential and you hereby grant to us perpetual and irrevocable license to use your Submissions for any purpose without compensation or attribution to you.
If you provide us with any personally identifiable information via email or other means, we may use it to provide services and information that you request; to enhance, improve, operate, and maintain the Website and our other systems; to maintain a record of our dealings with you, and for other administrative purposes. We may also use personal information to contact you regarding products, services, events, programs, and offers that we believe you may find of interest. We allow you to opt-out from receiving marketing communications by clicking the unsubscribe link available in any marketing communication.
You will defend, indemnify and hold harmless 819 Capital, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’™ fees) arising out of or related to your use of the Website, your violation of these Terms, or your violation of any rights of a third party.
9. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY WEBSITE USERS, IS AT YOUR SOLE RISK. THE WEBSITE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE OR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 819 CAPITAL AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 819 CAPITAL DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE WEBSITE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE WILL CREATE ANY WARRANTY REGARDING 819 CAPITAL THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
NEITHER 819 CAPITAL NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF 819 CAPITAL OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF 819 CAPITAL AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Modifications to the Website
Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Website and to block, restrict, and prevent your future access to, and use of, the Website. Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Website without notice in our sole discretion. Neither us nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Website.
12. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Website or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of California, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the Website or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
These Terms constitute the entire agreement between you and 819 Capital concerning the Website. These Terms supersede all prior agreements or communications between you and 819 Capital regarding the subject matter of these Terms.
13. Questions & Contact Information
If you have any questions or concerns about the Website, or these Terms, you may contact us through our website by [clicking here] or write us at:
819 Capital LLC
Attn: Inquiries Department
P.O. Box 411316 | San Francisco, CA 94111