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These Terms of Use govern your access to and use of Alacon Ventures' website (the “Site”), any information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”).  Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use.  By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use.

SUBMITTING A BUSINESS PLAN OR OTHER CONFIDENTIAL INFORMATION
Alacon Ventures receives and reviews a large number of business plans and related materials (collectively, “Business Plans”). Due to the similarity of many Business Plans, Alacon Ventures cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. By submitting Business Plans or other materials to Alacon Ventures, you expressly agree and acknowledge that Alacon Ventures accepts no responsibility for protecting against the misuse or disclosure of any confidential or proprietary information or other materials. Alacon Ventures urges you to consider this carefully before submitting any information or other materials that you deem confidential or proprietary.

YOUR USE OF THE CONTENT
Alacon Ventures authorizes you to download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.

ALACON VENTURES PROPERTY
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Alacon Ventures and its licensors.  The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries.  Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services.  You may not copy or modify the HTML code used to generate web pages on the Site.  You may not use the Site, Content, or Services on or in connection with any other website, for any purpose.

GENERAL PROHIBITION
You agree not to do any of the following while using the Site, Content or Services:

Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Access, tamper with, or use non-public areas of the Site, Alacon Ventures ’s computer systems, or the technical delivery systems of Alacon Ventures ’s providers;

Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Alacon Ventures  or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);

Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, or Services to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or Impersonate or misrepresent your affiliation with any person or entity.

 

Alacon Ventures will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.  Alacon Ventures may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that Alacon Ventures has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

LINKS
The Site may contain links to third-party websites or resources. You acknowledge and agree that Alacon Ventures is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Alacon Ventures of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TERMINATION
If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate.  Alacon Ventures reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause.  Alacon Ventures also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

USE AT YOUR OWN RISK
Your access to and use of the Site, Content, and Services is at your own risk.  Alacon Ventures will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

THE SITE AVAILABLE “AS-IS”
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, ALACON VENTURES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.  

ALACON VENTURES MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  ALACON VENTURES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALACON VENTURES OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

INDEMNITY
You agree to defend, indemnify, and hold harmless Alacon Ventures, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content or submission of a Business Plan; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that a Business Plan submitted by you caused damage to a third party, including, without limitation, claims that your Business Plan, or your submission of a Business Plan, infringes the rights of a third party.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALACON VENTURES  NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ALACON VENTURES  HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  YOU SPECIFICALLY ACKNOWLEDGE THAT ALACON VENTURES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  FURTHER, ALACON VENTURES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR: 1) ANY CONTENT SUBMITTED BY YOU OR OTHERS TO THE SITE OR THROUGH THE SERVICES; OR 2) ANY THIRD PARTY CONTENT DOWNLOADED FROM, OR SUBMITTED TO, THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF ALACON VENTURES  TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO TEN ($10) U.S. DOLLARS.  THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALACON VENTURES AND YOU.

SEVERABILITY
In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

WAIVER
The failure of Alacon Ventures to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

CONTROLING LAW AND JURISDICTION
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT
These Terms of Use are the entire and exclusive agreement between Alacon Ventures and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Alacon Ventures and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact Alacon Ventures at info@alaconventures.com