Effective: January 1, 2018
No Investment Advice, Offer or Recommendations
You acknowledge that the content of the Services is for general, informational purposes only and is not intended to constitute, and does not constitute, investment, strategic or other advice or an offer, solicitation, endorsement or recommendation to sell or buy any securities or other assets or promise to undertake or solicit business. You acknowledge that the content of the Services may not be relied upon in connection with any offer or sale of securities of other assets. An offer or solicitation will be made only through a final prospectus and other related documents with respect to a particular investment opportunity, and will be subject the terms and conditions contained in such documents, including the qualifications necessary to become an investor. In addition, no information, content or other materials contained on the Services should be construed or relied upon as investment, legal, accounting, tax or other professional advice.
You are solely responsible for evaluating the risks and merits regarding the use of the Services. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that Jackson Square is not liable for any action you take or decision you make in reliance on any of the Services. Jackson Square will not treat users of the Services as its partners, clients, customers or investors by virtue of their accessing the Services. Jackson Square does not advise on the tax consequences of any investment.
Past performance is not indicative of future results. No representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Any performance data or comments expressed on the Services are an indication of past performance.
Forward Looking Statements
Jackson Square makes no representations that any information provided via the Services is accurate, reliable, current or complete. Certain information on the Services may contain forward-looking statements, which reflect our views with respect to, among other things, our operations and financial performance. Such forward-looking statements are subject to various risks and uncertainties and speak only as of the date on which they are made. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from what may be indicated in these statements. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” "believe," "expect," “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. Jackson Square undertakes no obligation to update publicly or revise any information on the Services, whether as a result of new information, future developments or otherwise. Opinions and any other contents of the Services are subject to change without notice.
Restrictions on Use
By accessing or otherwise using the Services, you agree that you will not under any circumstances:
- use the Services for any unlawful purpose or for the promotion of illegal activities;
- attempt to interfere in any way with the Services’ networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system;
- interfere or attempt to interfere with the proper functioning of the Services;
- make any automated use of the Services, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- interfere with the function of the Services or restrict or inhibit any others from using the Services;
- bypass any measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data;
- publish or link to malicious content;
- imply when linking from third party websites to the Services that Jackson Square has endorsed or is affiliated with such websites.
The Services are operated and controlled by us in the United States, and, unless otherwise specified, are directed at residents of the United States. Despite the global nature of the Internet, Jackson Square makes no claims that the Services are appropriate or may be viewed or used outside the United States. Access to the Services from countries or territories where such access is illegal is prohibited. Jackson Square makes no representations that the transactions, products or services discussed on or accessible through the Services are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Jackson Square is exempt from the requirement to hold an Australian financial services license under the Corporations Act and is regulated by the Securities and Exchange Commission under United States laws, which differ from Australian laws. For Australian investors, the Services are intended to be accessed only by wholesale investors.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Services infringes your copyright, please send us a notice containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate such material.
- Contact information for the notifying party, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please submit this notice to Jackson Square at 101 California Street, Suite 3750, San Francisco, CA 94111 or firstname.lastname@example.org.
Third Party Content
The Services may contain references to names, marks, products or services of third parties, or hyperlinks to third party sites or information that Jackson Square does not monitor or control (“Third Party Content”). Such Third Party Content is provided solely as a convenience to you and our reference to it does not in any way constitute or imply endorsement, sponsorship or recommendation of the third party or the Third Party Content. Jackson Square has neither reviewed the Third Party Content nor is Jackson Square responsible for the practices or policies of such third parties with regard to the Third Party Content. Jackson Square makes no representations whatsoever regarding the Third Party Content and the use of Third Party Content is entirely at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, ACCESS TO THE SERVICES, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. JACKSON SQUARE DOES NOT WARRANT THAT ANY PART OF THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK.
Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via the Services, and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features and functions of the Services.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL JACKSON SQUARE, ITS MEMBERS, LICENSORS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, COMMUNICATIONS LINE FAILURE, INTERNET FAILURE OR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT RESULT FROM OR ARE RELATED TO USE OR LOSS OF USE OF THE SERVICES, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS. THIS IS TRUE EVEN IF JACKSON SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT SHALL JACKSON SQUARE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITY IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION OR MATERIALS ON THE SERVICES, EVEN IF JACKSON SQUARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS LIMITATION INCLUDES DAMAGES TO OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS
Arbitration, Class Waiver and Jury Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
d. Waiver of Jury Trial. YOU AND JACKSON SQUARE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Jackson Square are instead electing to have all claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. If any litigation should arise between you and Jackson Square over whether to vacate or enforce an arbitration award or otherwise, YOU AND JACKSON SQUARE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER
f. Confidentiality. No part of the arbitration procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
g. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
i. Must File Within One Year. You and we must file in arbitration any claim or dispute (except for disputes concerning equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or for the unauthorized use of the Services) within one year from when it first could be filed. Otherwise, it is permanently barred.
j. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Jackson Square.
Modification of the Agreement
How to Contact Us
101 California Street,
San Francisco, CA 94111
Email Address: email@example.com
Phone Number: 415-635-0220