Terms & Conditions
THE INFORMATION OFFERED BY Z CAPITAL GROUP, LLC (“ZCG”) ON WWW.ZCG.COM (THE “SITE”) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW (THESE “TERMS AND CONDITIONS”).
The Site is intended for and applicable only to individuals who are eighteen (18) years of age or older. If you are under eighteen (18) years of age, you may not use the Site.
By accessing, entering, and/or using the Site in any way, you acknowledge and agree to all of these Terms and Conditions stated herein, including but not limited to the disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law. If you do not agree to these Terms and Conditions, please do not use the Site.
We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of changes to these Terms and Conditions will mean that you accept such revisions, changes, and/or amendments. ZCG may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that ZCG will have no liability to you if the Site is discontinued or your ability to access the Site or any content on the Site is terminated for any reason. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.
These Terms and Conditions may be supplemented by additional terms agreed upon between you and ZCG regarding the use of certain offerings or services within the Site, including your account (“Supplemental Terms”). By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms and Conditions and any Supplemental Terms.
1. RESTRICTED USE OF SITE MATERIALS
ZCG grants you a limited license to access and make use of the Site. For your personal use only, you may print copies of the information from the Site and store it on your own computer. You may not download or modify the Site, or any portion of it, except with prior express written consent of ZCG. This license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data-gathering and extraction tools. Any unauthorized use terminates the permission or license granted by ZCG. ZCG reserves all other rights. Although ZCG provides the information accessible on the Site for your personal, non-commercial use, ZCG retains property rights, such as under U.S. and international copyright law, to all such information, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to such information. This means that without the prior express written permission of ZCG, you MAY NOT: distribute information from the Site to others; include information from the Site on another site, on a server computer, or in documents, including but not limited to “mirroring” the information or displaying the information by means of HTML frames or similar means; or modify or re-use the information from the Site. ZCG reserves all other rights.
2. COPYRIGHTS AND TRADEMARKS
ZCG is the copyright owner of all materials on the Site or has the permission to use such materials, or in the case of news articles, the news articles are from publicly-available sources. No portion of the Site, including but not limited to the text or images, may be copied or distributed in any manner, or for any purpose, without ZCG’s prior express written permission, except as provided herein. The compilation of all content on the Site is the exclusive property of ZCG and is protected by U.S. and international copyright laws. You acknowledge and agree that any name, logo, trademark, or service mark contained on the Site is owned or licensed by ZCG and may not be used by you without the prior written approval of ZCG. ZCG will enforce its intellectual property rights to the full extent of the law. Graphics, charts, information or images of places or people are either property of ZCG or used on the Site with permission. Your use of any of these materials is prohibited unless specifically permitted. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, service marks, copyrights, privacy, and publicity rights.
3. LINKING, POSTING AND TRANSMITTING; THIRD-PARTY SITES AND LINKS
Do not link to, post on, or transmit to the Site any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, or other material that could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that ZCG, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site, ZCG and all parties involved in creating, producing, or delivering the Site assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. Although the Site may be linked to other sites, ZCG is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked sites, unless specifically stated herein. By entering the Site, you acknowledge and agree that ZCG has not reviewed all the sites linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
The Site may hyperlink to other third-party services, websites, applications, software, and other content from third-party providers, such as social media partners, service providers, and third-party software application developers (“Third-Party Services”). The Site may also allow you to add/configure certain Third-Party Services. Third-Party Services are not maintained by or related to ZCG. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or ZCG, and ZCG makes no representations or warranties about the content, completeness, or accuracy of those Third-Party Services. ZCG is not responsible for the availability of such Third-Party Services and does not endorse, nor is responsible or liable for, any content or other materials on or available from such Third-Party Services. Your use of the Third-Party Services may be subject to additional terms, including software license terms, of those third parties.
Information you submit through a Third-Party Service is subject to the terms of that Third-Party Service’s privacy policy, and ZCG has no control over how your information is collected, used, or otherwise handled. Users who utilize Third-Party Services should be aware that account and other personal information held by those third parties may be transmitted through and stored on servers and/or applications located in the United States and elsewhere. You understand and agree that the companies that provide the Third-Party Services may access, use, and share certain information about you if you use the Third-Party Services. You understand and agree ZCG is not responsible for these companies or their use of any of your information. Your use of the Third-Party Services is at your own risk.
4. DISCLAIMERS; NON-RELIANCE; LIMITATION OF LIABILITY
While ZCG makes reasonable efforts to ensure that all material on the Site is correct, accuracy cannot be guaranteed and ZCG makes no representations or warranties as to its accuracy. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ZCG ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ZCG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, NOR SHALL ZCG BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ZCG’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ZCG OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ZCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF ZCG’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
The contents on the Site are for informational purposes only and do not constitute an offer to sell, or a solicitation of an offer to buy, any securities that may be described herein. The content of the Site is not intended to be, and should not be construed as, a recommendation to purchase or sell any security or as investment advice. The contents of the Site are not to be construed as legal, business, or tax advice. Any prospective investor should consult its own counsel, accountant, or tax or business adviser as to legal, tax, and related matters concerning the possibility of making an investment in any of the funds managed by ZCG.
All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures, or risk factors apply to any partial document or material in the same manner as they do the whole and will be deemed incorporated in the portion of any material or document that you consult or download.
You agree that (a) ZCG may provide presentations, summaries, and/or memoranda, including any ZCG investment memoranda, each of which may include “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended, including without limitation statements made about ZCG and its affiliates’ business outlook, prospects, and future projections; (b) you will rely on your own due diligence and analysis of ZCG and its affiliates, their business, their financial information, and their future prospects in connection with evaluating a potential investment; and (c) you will make independent assessments of the merits regarding the potential investment. All statements other than statements of historical fact that ZCG may make regarding any co-invest opportunity are forward-looking statements and are subject to a high degree of risk and uncertainty. Any forward-looking statements made reflect ZCG and its affiliates’ current views with respect to future events and are subject to risks, uncertainties, and assumptions relating to ZCG and its affiliates’ operations, results of operations, growth strategies, and liquidity, as well as industry and more general economic and market conditions. No representations are made as to the accuracy of such forward-looking statements. The only information that will have any legal effect will be that specifically represented in a definitive agreement. In no event will such definitive agreement contain any representation with respect to projections.
5. INDEMNITY
You agree to indemnify, defend, and hold harmless ZCG, its subsidiaries, its affiliates, and its and their respective directors, officers, equity holders, owners, consultants, employees and agents, as well as ZCG’s licensors and other third parties with which ZCG contracts, from and against any and all losses, liabilities, obligations, damages, claims, demands, actions, costs and/or expenses of any kind (including legal fees, expert fees, or other disbursements) incurred by or against such persons or entities which may arise, directly or indirectly, from your access to, use of, or browsing of the Site or through your downloading of any materials, data, text, images, video or audio from the Site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections, your violation of these Terms and Conditions and/or your violation of any rights of any third party.
6. APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and ZCG. You hereby consent to the jurisdiction of federal and state courts located in New York County, New York for the purpose of resolving any dispute relating to your visit to the Site. ZCG may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
7. USER SUBMISSIONS
You acknowledge and agree that any communication or material you transmit to the Site or to ZCG, in any manner or for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to ZCG may be used by ZCG, anywhere, anytime, and for any reason whatsoever. ZCG does not accept unsolicited business plans or proposals and you agree not to submit such materials.
8. PRIVACY NOTICE
On certain areas of the Site, you may be given the ability to provide ZCG with personally identifiable information. Please read ZCG’s Privacy Notice for more information about our information collection and use practices.
9. MISCELLANEOUS
Both you and ZCG acknowledge and agree that no partnership is formed and neither you nor ZCG has the power or the authority to obligate or bind the other.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS AND CONDITIONS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms and Conditions operate to the fullest extent permissible by law.
If any of these Terms and Conditions are deemed invalid, void, or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining Terms and Conditions.
The failure of ZCG to comply with these Terms and Conditions because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of ZCG, shall not be deemed a breach of these Terms.
If ZCG fails to act with respect to your breach or anyone else's breach on any occasion, ZCG is not waiving its right to act with respect to future or similar breaches.
These Terms and Conditions constitute a binding agreement between you and ZCG and are accepted by you upon your use of the Site.