These terms of use (the “Terms of Use”) 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 and information available on or through our website (collectively referred to as the “Website”).

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this Website, you accept and agree to be bound by these Terms of Use and all applicable laws. If you do not agree to these Terms of Use, you may not use this Website. We may amend these Terms of Use at any time by posting the amended Terms of Use on our Website. Your continued use of the Website following the posting of revisions to these Terms of Use will mean you accept those changes for all uses of this Website thereafter.

We may revise and update these Terms of Use from time to time in our discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

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 have 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.

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 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 the Website, 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 of Use 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 DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF 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.

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 of Use, and any disputes relating to these Terms of Use or your use of this Website, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by PJC, any disputes relating to these Terms of Use shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. 

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 of Use 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 of Use may be waived by us only in writing. These Terms of Use are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms of Use is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms of Use 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 of Use.