- Scott's Blog
Updated September 15th, 2014
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DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel, FundAmerica, LLC, 2300 W. Sahara Ave., 8th Floor Las Vegas, NV 89102. Telephone Number of Designated Agent: 702-882-2525. E-mail Address of Designated Agent: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E-mail Address of Designated Agent: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
FundAmerica is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other users, including issuers, as well as third party service providers. FundAmerica is not responsible for the conduct, whether online or offline, of any member or user of the Service. FundAmerica assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any member or other user communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying or phishing (including your IP address), and FundAmerica disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up’s; you acknowledge this and provide any personal information on the site, even if intended to be private, entirely at your own risk. FundAmerica is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, networking equipment, computer servers and related equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will FundAmerica be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, any lack of online or offline security, or any interactions between User and others, whether online or offline. That FundAmerica may, in its sole and absolute discretion, review offerings and/or user accounts and/or any Content, and may even delete some offerings, accounts, and/or Content from the system before or after it is published, does not in any way imply that FundAmerica is expected or obligated to do so. THE SERVICE IS PROVIDED “AS-IS” AND FUNDAMERICA DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUNDAMERICA DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, FUNDAMERICA IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY ISSUERS OR THIRD PARTIES, NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
FURTHERMORE, FUNDAMERICA DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND, EVEN IF COMENSATED, WHETHER FOR A FIXED FEE OR VIA CPC, CPM, CPA OR OTHER BASIS, IN NO WAY SHALL FUNDAMERICA BE CONSIDERED A PARTY TO OR IN ANY WAY HAVE RESPONSIBILITY TO MONITOR OR WARRANTY ANY TRANSACTION BETWEEN YOU AND ISSUERS OR ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Special note regarding background checks (including, but not limited to data which we obtain data from third parties regarding OFAC, FINCEN, PATRIOT Act, criminal history, bankruptcy and other data): The data and information contained in our investigations, including but not limited to those regarding issuers, related persons (officers, directors and 20%+ owners), and investors is obtained from numerous regulatory, private and public sources and is thought to be reliable. However, we do NOT make any physical inspections of, nor conduct any interviews with any entity or person or their records or location(s), do not obtain certified or audited records, do not interview any sources, and do not access an exhaustive list of sources (including some which might reasonably have been considered). As such our background checks should only be viewed as reasonable results given the small fee(s) paid to obtain them and may be flawed, inaccurate or incomplete. We encourage you to perform your own, more detailed due diligence and verification’s as you personally or your compliance personnel or professional advisers deem reasonable or necessary. We normally have no access to supporting data, as that is often proprietary to our third-party service providers. This is simply another non-moderated feature of the Service. FundAmerica assumes absolutely no liability for any problems that arise out of any reliance on the background checks feature of the Service. And FundAmerica does not perform any independent due diligence on any offering, any issuer of securities, any person associated with an issuer, any person working for an issuer or participating in an offering, or any investor. Furthermore, you agree that FundAmerica is conducting the investigation and only sharing relevant data at its discretion, only for purposes related to the narrow purpose of regulatory checks on persons participating in private offerings, and that FundAmerica is not selling consumer data nor acting as a consumer reporting agency.
IN NO EVENT SHALL FUNDAMERICA BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF FUNDAMERICA AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF FUNDAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING ISSUERS, EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY FUNDAMERICA. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY’S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT FUNDAMERICA’S SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO FUNDAMERICA FOR THE SERVICE DURING THE TERM OF USER’S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF. THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR.
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FundAmerica does not moderate Content of users. You may find other users Content to be offensive, harmful, inaccurate, deceptive, libelous, slanderous, or fraudulent. Please use caution, common sense, and safety when using the Service. You are solely responsible for your interactions with other users. Because FundAmerica is not involved in user interactions, if you have a dispute with one or more users who have posted, viewed, or used Content on the Service, you hereby release FundAmerica, including its officers, directors, agents, subsidiaries, partners, service providers, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. FundAmerica may suspend your account(s) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect where they in any way relate to, and then governed your past use of the Service.
This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration. Arbitration with FundAmerica, LLC shall be pursuant to the rules of the American Arbitration Association. In all cases it is agreed that venue shall be in the city of New York in the state of New York. Each of User and FundAmerica consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.
You agree to indemnify and hold FundAmerica, its subsidiaries, directors, employees, service providers, advertisers, affiliates, officers, agents, and partners harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service. FundAmerica reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with FundAmerica in the defense of any such claim, action, settlement or compromise negotiations, as requested by FundAmerica.
This Agreement, along with any and all rights and licenses granted herein, may be transferred or assigned by FundAmerica at any time, without notice or restriction.
This Agreement, accepted upon use of the Service, contains the entire agreement between User and FundAmerica regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.
Any notices to FundAmerica, LLC are to be sent to 2300 W. Sahara Ave., Suite 1170, Las Vegas, NV 89102. Any notices to User will be sent to the email address provided to us in your account on the Service.
Please contact us with any questions regarding this agreement by sending your query to the address in Section 24 above.
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