Limited Terms of Use

TERMS OF USE

Last Updated: July 22, 2020

PLEASE READ THESE LIMITED TERMS OF USE (“TERMS”) CAREFULLY. IT GOVERNS THE LIMITED ACCESS YOU HAVE AS A TRIAL USER OF THE SERVICES MADE AVAILABLE BY EXTRAVALLIS (DEFINED BELOW).

Introduction

These Terms of Use (“Terms”) govern the features and content in the mobile and online versions of the website www.extravallis.com (collectively the “Site” and each of the foregoing, individually, a “Service” and collectively the “ExtraVallis Services”). By using any Service, you acknowledge and accept our Privacy Policy[https://extravallis.com/privacy] and consent to the collection and use of your data in accordance with the Privacy Policy[https://extravallis.com/privacy]. ExtraVallis is not acting in a fiduciary capacity with respect to any user of the ExtraVallis Services, and ExtraVallis disclaims any broker-client or advisor-client relationship with respect to any party using any Service.

No Legal, Accounting, Investment or Tax Advice

As a Trial Subscriber, you will not be able to invest in a listed company. To be clear, ExtraVallis does not provide legal, accounting, investment or tax advice. Any representation or implication to the contrary is expressly disclaimed.

If you want to use the ExtraVallis Services as a Trial Subscriber

Please carefully read these Limited Terms, as they constitute a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use any Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use any Service if you do not agree.

By using this Site, you consent to ExtraVallis contacting you and marketing to you through e-mail, text messaging, and serving of ads to you through third parties such as Facebook, Google and others. ExtraVallis uses cookies and other similar technologies to improve your browsing experience and the functionality of our Site. By clicking "Accept All Cookies" you consent to the storing on your device of all the technologies described in our Cookie Policy.

The ExtraVallis Services are available only to individuals who are at least eighteen (18) years old or the age of majority in their jurisdiction of residence. You represent and warrant that if you are an individual, you are at least eighteen (18) years old and the age of majority in your jurisdiction of residence, that you are fully able and competent to enter into the terms and conditions set forth in these Terms and other agreements relating to the use of the ExtraVallis Services, and that all registration information you submit is accurate and truthful. When using any Service, you must respect the intellectual property and other rights of ExtraVallis and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

Limited License and Rights of Others

Subject to your strict compliance with these Terms and any Additional Terms, ExtraVallis grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content; and (ii) may be immediately suspended or terminated for any reason, in ExtraVallis’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms

User Conduct

As a condition of use of the ExtraVallis Services and the submission of User Submissions on or through the ExtraVallis Services, you promise not to use any Service for any purpose that is prohibited by the Terms or applicable law. You are responsible for all of your activity in connection with your use of any Service. Additionally, as a condition of your use of the ExtraVallis Services:

You agree not to circumvent any security-related feature of any Service, including those designed to limit copying or reproduction of the Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the User. We may not monitor or control the Content posted on or through the ExtraVallis Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted on or through any Service or obtained by you on or through any Service is done so at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content, User Submissions or other communications posted on or through any Service or endorse any opinions expressed on or through any Service.

Registration

You may view certain Content on or through the ExtraVallis Services without registering, but as a condition to using certain aspects of the ExtraVallis Services, you may be required to register with ExtraVallis and provide an e-mail address (“User Name”) and password and other requested information related to becoming an Accredited Investor (a “Registration Account”) You agree that you shall provide accurate, complete, and updated registration information in your Registration Account.

Disclaimer of Warranty

To the fullest extent permissible by law, the ExtraVallis Services, the Content and User Submissions (including, without limitation, any information, documents, forms, resources, or referrals contained thereon or therein) are provided “AS IS” and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE EXTRAVALLIS SERVICES, THE CONTENT OR USER SUBMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EXTRAVALLIS SERVICES, THE CONTENT AND USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EXTRAVALLIS AND ITS AFFILIATES AND EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE EXTRAVALLIS SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING ANY SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE EXTRAVALLIS SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON DURATIONS OF IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ExtraVallis has no special relationship with or fiduciary duty to you. 

Electronic Communications Privacy Act Notice (18 U.S.C. §§ 2701-2711): EXTRAVALLIS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON ANY EXTRAVALLIS SERVICE OR ANY WEBSITE LINKED TO ANY EXTRAVALLIS SERVICE. ExtraVallis will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on ExtraVallis’s equipment, transmitted over networks accessed by any Service, or otherwise connected with your use of any Service.

Termination

ExtraVallis may terminate your access to the ExtraVallis Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. You agree that in the event of such a termination, ExtraVallis shall not be responsible for any losses or damages. If you wish to terminate your Registration Account, you may do so by following the instructions on the Site. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL EXTRAVALLIS, ITS AFFILIATES, NOR EACH OF ITS AFFILIATES’ DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ANY SERVICE: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Users further understand and expressly agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

Jurisdiction & Governing Law 

Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted, in state or Federal court in State of California in San Diego County. Accordingly, you and ExtraVallis consent to the exclusive personal jurisdiction and venue of such courts for such matters.

These Terms and any Additional Terms will be governed by and construed in accordance with, and any Dispute and Excluded Dispute will be resolved in accordance with the laws of the State of California, without regard to its conflicts of law provisions.