Terms of Use

Welcome to the Iridius Capital LLC (“Iridius Capital”) website located at https://iridiuscapital.com.

This Terms of Use Agreement (the “Agreement”) sets forth the terms under which you may use the website (the “Site”). The terms “you” and “your,” as used in this Agreement, refer to all individuals and entities accessing this Site for any reason.

By accessing this site, you acknowledge that you have read, agree to be bound by and understand this agreement, and that you will comply with all applicable laws and regulations, including United States copyright and trademark laws. If you have any questions about your obligations under this Agreement, email info@iridiuscapital.com.

1. Limited License and Site Use. Subject to the terms of this Agreement, Iridius Capital grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site that you are authorized to access for your personal, informational, and noncommercial use. This Site may only be used by registered users for lawful purposes. Except as otherwise stated in this Agreement, you may not: (a) modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, or other materials on, generated by or obtained from this Site (collectively, “Materials”); (b) use any automated means to access the Site or collect any information from the Site, including without limitation robots, spiders or scripts (this means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining information from this Site); (c) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (d) engage in any conduct that could damage, disable, or overburden (i) this Site, or (ii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site; (e) probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, systems, networks, servers, or accounts related to this Site.

2. Passwords. Certain parts of this Site are protected by passwords and require a login. You agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Iridius Capital of any unauthorized use of your registration or password.

3. Indemnity. You agree to indemnify and hold Iridius Capital, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.

4. Confidentiality and Intellectual Property. You acknowledge and agree that the information contained on, and made available through this Site is subject to your confidentiality agreement with Iridius Capital, and that you will protect and maintain the confidentiality of this information according to your agreement with Iridius Capital. Additionally, you relinquish all ownership rights in any ideas or suggestions that you submit to Iridius Capital through this Site. You acknowledge that Iridius Capital has full rights to use and implement any such ideas and suggestions. All Materials on this Site, whether separate or compiled, including but not limited to text, graphics, logos, buttons, images, downloads, files, and code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Iridius Capital, and are protected by United States and international intellectual property laws.

5. Termination. Upon any breach by you of this Agreement, Iridius Capital may pursue, in its sole discretion, all of its legal remedies, including but not limited to termination of your registration and your ability to access this Site. Iridius Capital may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site may be effected without prior notice, and you acknowledge and agree that Iridius Capital may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Site. Further, you agree that Iridius Capital is not liable to you or any third-party for any termination of your access to the Site.

6. Links. Iridius Capital may provide, or third parties may provide, links to other websites or resources that are beyond Iridius Capital’s control. Iridius Capital makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided, and you hereby waive any claim you might have against Iridius Capital, with respect to such sites. IRIDIUS CAPITAL IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEBSITES THAT ARE CONTAINED OUTSIDE THE SITE. If you decide to access linked third party websites, you do so at your own risk.

7. No Warranty. IRIDIUS CAPITAL DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE SITE AND THE INFORMATION AND MATERIAL HEREIN ARE PROVIDED “AS IS,” AND IRIDIUS CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Iridius Capital does not promise or warrant to you that any aspect of the Site will work properly or will be available continuously. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

8. Limit on Liability. IN NO EVENT SHALL IRIDIUS CAPITAL BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT. FURTHER, IN NO EVENT SHALL IRIDIUS CAPITAL BE LIABLE TO YOU IN AN AMOUNT GREATER THAN $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

9. Governing Law and Arbitration. This Agreement is governed in all respects by the laws of the State of Arizona. Any controversy or claim arising out of or relating to this Agreement or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review, except as permitted by Arizona law. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Arizona as necessary to protect the party’s rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Arizona.

10. Entire Agreement. This Agreement constitutes the entire agreement, and supersedes the provisions of any other agreements or understandings (oral or written), between the parties with respect to your use of this Site.

11. Modifications to Terms of Agreement. Iridius Capital reserves the right to revise, amend or modify the terms of this Agreement at any time and in any manner at its sole discretion. Please check these terms periodically for changes. Notice of any revision, amendment or modification of the terms will be posted in this section of the Site, and any such revisions, amendment, or modifications will be effective upon the posting of such notice. Continued use of the Site by you constitutes your binding acceptance of such revisions, amendments, and modifications. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITE.