Terms of Use: Investor - L.P.
IMPORTANT! THESE INVESTOR TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE (“SITE”), WHICH IS PROVIDED BY AMPLIFIER NETWORKS, LLC (“AMPLIFIER”). THESE INVESTOR TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR OBLIGATIONS, ACCESS TO INFORMATION AVAILABLE ON THE SITE AND THE LIMITS OF AMPLIFIER’S LIABILITY. THESE INVESTOR TERMS OF USE ARE SUBJECT TO CHANGE BY AMPLIFIER AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE INVESTOR TERMS OF USE REGULARLY.
These Investor Terms of Use also include the General Terms of Use, into which these Investor Terms of Use are incorporated.
1) Services Available
a) General
Amplifier enables the exchange of a broad range of financial, private investment information and other resources, directly, as well as through its network of service providers (“Services”) by and among Site users. Data, information, messages, graphics, video or other materials submitted, posted, transmitted or otherwise communicated to the Site (“Content”) is provided for informational purposes only. Amplifier is not a financial, tax, accounting or investment consultant or professional, nor is it a registered broker-dealer, and does not endorse or recommend the services of any firm or company in connection with the Site. Some Services will not be accessible to you until thirty (30) days after you agree to these Investor Terms of Use, submit a complete Accredited Investor Questionnaire that demonstrates that you meet the requirements of an Accredited Investor under Regulation D under the Securities Act of 1933, as amended, and are approved by Amplifier to access such Services. The Services may change from time to time in Amplifier’s sole discretion.
b) Investment Opportunity Content
i. Some private investment opportunities will be designated as an “Amplifier Managed Opportunity.” An Amplifier Managed Opportunity will be managed by an affiliate of Amplifier, Amplifier Management, LLC (“Amplifier Management”). You agree to contact only Amplifier Management off Site with regard to any potential private investments in Amplifier Managed Opportunities.
ii. You acknowledge that Amplifier Managed Opportunities may involve a management fee and carried interest in the investment entity for administering the entity’s operations and monitoring the entity’s investment.
iii. All communications between you and Entrepreneur Companies about all other prospective private investments must also be effected off the Site.
iv. Amplifier and Amplifier’s affiliates do not guarantee that you will be provided the opportunity to invest in the securities offered by any Entrepreneur Company which has posted information on the Site. Any decision to accept an investment is exclusively within the control and discretion of the Entrepreneur Company.
2) Acceptance of Terms
All Services currently provided and as augmented from time to time are subject to these Investor Terms of Use. In addition, you shall be subject to any posted guidelines or rules applicable to the Services which may be posted or communicated electronically (e.g., via email) from time to time. All such guidelines and rules are hereby incorporated by reference.
3) Electronic Records and Signatures
By clicking the “I AGREE” button and accepting these Investor Terms of Use, you are consenting to the use of electronic records and electronic signatures in connection with the acceptance of these Investor Terms of Use, the Amplifier’s Privacy Statement, Accredited Investor Questionnaire, the payment of any fees and in connection with your use of the Services, access to the Site or other dealings with Amplifier. You also acknowledge that you have an email account and agree that we may send information to you at that account. You also agree to update us immediately if the email address we have on record changes.
4) Registration and Accredited Investor Status
You agree to provide current, true, accurate, and complete information (”Profile Information”) as prompted by the Service’s registration form and maintain and promptly update Profile Information to keep it current, true, accurate, and complete.
In order to use this Site to access information about private investment opportunities, you must complete and submit an online Accredited Investor Questionnaire. (For the definition of “Accredited Investor” visit www.sec.gov).
You must update your Accredited Investor status at least annually. We will remind you thirty (30) days prior to the beginning of each calendar year of the need to update your Accredited Investor Questionnaire. Failure to do so may result in termination or suspension of access to the Site.
Amplifier retains the right for any reason and in its sole discretion, to refuse access to this Site or to any of its resources, and/or to terminate or suspend your access at any time and for any reason, including but not limited to a belief by Amplifier that the information that you have provided is not true, current, accurate or complete.
5) Important Investor Disclosures
Information about private investment opportunities for Amplifier Network members is found at a password-restricted location on this Site and is available only to members who qualify as Accredited Investors within the meaning of Rule 501 of Regulation D under the Securities Act of 1933, as amended, and who meet other conditions for access. (For the definition of “Accredited Investor” visit www.sec.gov). The provision of this information is not intended to constitute an offer to sell or a solicitation of an offer to buy any securities and should not be construed as an offering or solicitation to any person in any state or other jurisdiction to which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation in that jurisdiction.
Amplifier does not offer to sell, solicit offers to buy or sell any securities of Entrepreneur Companies. Any offering, and the negotiation and consummation of any sale of securities must be conducted away from this Site and use of this Site to facilitate any such investment-related activities is prohibited. In addition to compliance with requirements prescribed by the Securities and Exchange Commission, an Entrepreneur Company that is posting information about an investment opportunity on this Site must meet the regulatory requirements of those states or other jurisdictions in which it proposes to offer securities.
The content of postings by Entrepreneur Companies are the sole responsibility of the author. Neither Amplifier nor its affiliates have reviewed the posted information or assume any obligation to assure the accuracy or completeness of the information provided by Entrepreneur Companies.
If the performance of any part of the Terms by Amplifier is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond Amplifier’s control, then Amplifier shall be excused from such performance to the extent that it is prevented, hindered or delayed by such causes. If such period of force majeure lasts more than thirty (30) days, then you may terminate your subscription to the Site.
The Terms and Privacy Statement accepted by you constitute the entire agreement between you and Amplifier with respect to the subject matter of the Terms and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
If any part of the Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms constitute the entire agreement among the parties relating to this subject matter. Amplifier may revise the Terms and Privacy Statement at any time by updating the applicable posting on the Site. By continuing to access this Site after revised Terms of Use or Privacy Statement have been posted on the Site, you agree to the new Terms and/or Privacy Statement, as applicable.