Terms of Use

These terms of use (these “Terms”) describe the terms and conditions applicable to your access and use of the Penny Jar Capital, LLC and its corporate affiliates (referred to collectively as “PJC,” “we,” “us,” “our,” and similar pronouns) website, including the content, materials, tools and information available on or through our website (collectively referred to as the “Website”).

PLEASE READ THESE TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE WEBSITE. THEY CONTAIN CLAUSES ADDRESSING DISPUTE RESOLUTION AND LIMITATION OF OUR LIABILITY. WITH LIMITED EXCEPTION, UNDER THESE TERMS YOU AGREE TO RESOLVE ALL DISPUTES WITH US ONLY THROUGH ARBITRATION IN THE STATE OF CALIFORNIA.

Acceptance of Terms

By accessing or using the Website, you agree to be bound by these Terms and all applicable laws. If you do not agree, you may not use the Website. PJC may update or amend these Terms at any time by posting the updated version on this Website. Your continued use of the Website after such posting constitutes your acceptance of any changes. You should review these Terms periodically, as they are binding on you.

AI-Powered Features

Portions of this Website may include automated tools and interactive features powered by AI technology provided by third-party providers. These tools generate content or suggestions in response to user submissions (“Inputs”), producing corresponding outputs (“Outputs”). While we strive to ensure helpful and accurate responses, AI Outputs, which are informed by facts about us and our portfolio companies, may occasionally contain errors. You are solely responsible for evaluating and verifying the accuracy, completeness, and suitability of any Output before relying upon it. PJC does not control, and expressly disclaims responsibility for, any third-party AI service providers or their processing of data. By submitting Inputs through the Website, you grant PJC a worldwide, non-exclusive, sub licensable, royalty-free license to use, reproduce, display, and process the Inputs and any resulting Outputs for operational, analytical, and other legitimate business purposes. You represent and warrant that you have all necessary rights to submit Inputs and to grant the foregoing license.

Prohibited Uses

You agree not to:

1. interfere with, disrupt, or attempt to gain unauthorized access to the Website or its systems;
2. reverse engineer, decompile, or attempt to extract source code from any AI service;
3. use the Website and any AI tool for benchmarking, stress testing or otherwise generating traffic and statistics in relation to the third-party AI tools;
4. use the Website or AI features in violation of any applicable law or regulation;
5. submit or otherwise transmit any content that is obscene, defamatory, deceptive, harassing, abusive, threatening, hateful, or discriminatory;
6. use any data mining, robots, or similar data gathering and extraction tools on the Website;
7. input into, or otherwise make available to us through the Website or any third-party tools:
   
   1. viruses, malware, malicious code or similar harmful materials;
   2. data that violates laws or is generally deemed by a reasonable person to be confidential data of a party;
   3. data that violates a third-party’s intellectual property, privacy, publicity or other rights;
   4. special categories of data enumerated in European Union Regulation 2016/679, Article9(1) or any successor legislation;
   5. patient, biometric, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented);
   6. credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards;
   7. other information subject to regulation or protection under specific Laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or relatedLaws or rules);
   8. social security numbers, driver’s license numbers, or other government ID numbers; or
   9. any data that has the potential to cause the output from the AI tools to violate any of the foregoing in this subsection (g); or
8. engage in any activity that could interfere with, disrupt, or negatively affect the functioning of the Website or PJC’s operations.

No Offer of Securities, Solicitation, or Advice

Nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment, legal, business or tax advice or an offer to provide such advice, or (iii) a basis for making any investment decision.  The Website is provided for informational purposes only and has been prepared by PJC for informational purposes to acquaint existing and prospective portfolio companies, entrepreneurs and other visitors with PJC and its investment philosophy. The content on the Website may be provided in summary form and do not purport to be complete.  Please note that any investments or portfolio companies referenced in the Website are illustrative and do not reflect the performance of PJC as a whole. Past performance is not indicative of future results and there can be no assurance that PJC or any of its funds will achieve comparable results or that any future investments will be profitable. All forward-looking statements are based upon assumptions that may not prove to be correct. There is no obligation for PJC to update the Website or alter any forward-looking statements, whether as a result of new information, future events, or otherwise.  This Website should not be construed (and does not make any effort) to present a comprehensive or balanced description of PJC or its investment activities.

The content of this Website and the investment activities which might be referred to therein are not directed at, or intended for, distribution to any person or entity being a citizen or resident of, or located or established in, any jurisdiction where the use of the Website or the sale of or solicitation of any offer to buy any investment product or service would be illegal or would require any registration or licensing not held by PJC. Such persons or entities access this Website at their own risk and must observe any legal or regulatory restrictions which may affect their eligibility to access this Website.

Forward-Looking Statements

This Website may contain statements that are, or may be deemed to be, “forward-looking statements”. These forward-looking statements can be identified by the use of forward-looking terminology, including the terms “believes”, “estimates”, “anticipates”, “expects”, “intends”, “may”, “will” or “should” or, in each case, their negative or other variations or comparable terminology. Forward‐looking statements are neither historical facts nor assurances or guarantees of future performance. Instead, they are based only on current beliefs, expectations and assumptions regarding the future, projections, anticipated events and trends, the economy and other future conditions. Because forward‐looking statements relate to the future, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and many of which are outside of the control of PJC.  Any forward‐looking statement made by PJC in this document is based only on information currently available to PJC and speaks only as of the date on which it is made.  PJC does not undertake to update any of these forward-looking statements.

Submitting Business Plan or Other Confidential Information 

Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we 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. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.  

By submitting information or materials to PJC, you and anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. PJC is not obligated to review any information or materials sent to it, PJC reserves the right to reject information or materials in its sole discretion and PJC shall be under no obligation to return any information or materials to you. It is possible that PJC will receive a number of similar plans and ideas, you understand that your idea may have previously been submitted to PJC and may be under our consideration. In no event shall PJC be limited or restricted from pursuing any opportunities with others.

No agency, partnership, or joint venture relationship is created by your submission of materials to PJC.

Privacy Policy

For information about our privacy practices, please refer to our Privacy Policy, available here. By accessing or using the Website, you consent to the collection and use of your information as set forth in our Privacy Policy, which is incorporated by reference herein. 

No Warranties

This Website, including without limitation any and all content and information contained on this Website, are provided to you on an “as is,” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PJC makes no warranty as to the accuracy, completeness, currency, or reliability of any content or information available through this Website, and expressly disclaims liability for any error or omission in this content or information. Without limiting the generality of the foregoing, portions of the Website may include or consist of information that has been provided by third parties that has not been validated or verified by us. We do not endorse any third-party content contained or made available on the Website, or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with such content. PJC makes no representation or warranty regarding the accuracy, safety, or reliability of any content generated through AI-powered features or the practices of any third-party provider in respect of any Inputs and Outputs.

PJC reserves the right to withdraw or amend this Website, and any content or material provided on the Website, in its sole discretion without notice. PJC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, PJC may restrict access to some parts of theWebsite, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Website or otherwise.

Limitation of Liability

PJC AND EACH OF ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES,LOSSES OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USEOF THE WEBSITE, EVEN IF PJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT, INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THIS WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER OR BETWEEN USERS, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR RELATED INFORMATION. IN NO EVENT SHALL PJC’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100).

Email and Electronic Transmission of Information

You understand that the Internet is public and that e-mail communications and electronic transmission of information between you and PJC are not secure and are subject to the risk of being viewed by other parties. PJC cannot ensure or warrant the security of any information which you may transmit to us.

Copyright/Trademarks

Copyright of all images, text, design and other content in this Website is owned by or licensed to PJC unless otherwise noted. Nothing on this Website grants you any license with respect to the Website, its design or content, except that you may imprint, copy download or temporarily store extracts from this Website for your personal information and use. You may not alter or otherwise make any changes to any material that you print or download from this Website, including, without limitation, removing any identifying marks or legends from such material. You may not distribute these materials to others. Any other use is prohibited unless you first request and obtain written permission from PJC.

All trademarks, service marks and logos used on this website are trademarks or service marks or registered trademarks or service marks of either PJC or its affiliates and service providers and should not be copied, altered or abused in any way.

Linked Internet Sites

There are links in this Website to websites controlled or offered by third parties unaffiliated with PJC. The linked sites are not under the control of PJC, and the content available on the linked sites does not necessarily reflect the opinion of PJC.PJC does not endorse or recommend any product or service offered by, or information contained in, any linked site, and is providing these linked sites as a convenience to you. PJC assumes no responsibility for, or any obligation to monitor, the content of such linked sites, and PJC disclaims any liability for any information, materials, products or services posted or offered on any such linked site. A linked site may have a privacy policy that differs from the PJC privacy policy, and may provide less security than this Website.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or any related interaction with PJC shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures of the AAA then in effect. The arbitration shall take place in Santa Clara County, California, before a single neutral arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Each party agrees that arbitration shall be conducted only in its individual capacity and not as a class, consolidated, or representative action. The arbitrator shall have no authority to consolidate claims or to hear claims on a class basis. If any portion of this arbitration clause is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect. Arbitration shall be conducted in English.

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction located in Santa Clara County, California, as necessary to protect its rights or property pending completion of arbitration.

Termination

PJC may suspend or terminate your access to the Website at any time, with or without notice, for any reason or no reason. Upon termination, all rights granted to you under these Terms shall immediately cease. Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and governing law and arbitration) shall survive.

Miscellaneous 

This Website is operated and controlled by PJC in the United States of America. PJC makes no representation that the Website or any information on the Website is appropriate or available for use in other locations. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. 

These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. Our rights under these Terms may be waived by us only in writing. No waiver by PJC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.