Terms – East Post Road Ventures

East Post Road Ventures I
Terms of Use

Effective Date: 7/28/2020

East Post Road Ventures I, LLC (“EPRV” “we”, “us” or “our”) operates and maintains the EPRV website located at EPRVentures.com (the “Site”). These Terms of Use (the “Terms”) govern your access to and use of the Site and all content therein. Please read the entirety of these Terms carefully because they constitute a legal agreement between EPRV and you.

BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SITE, YOU AGREE THAT:

YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU WILL COMPLY WITH THESE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.

IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

Privacy.

Our Privacy Policy describes how we collect and use the information that you submit in connection with your use of the Site. Please review our Privacy Policy carefully before submitting your information to us.

Eligibility.

The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

Submissions to EPRV.

Due to the large number of ideas and related materials that EPRV reviews, and the similarity of many such plans and materials, we cannot agree to obligations of confidentiality, or restrictions on our use or non-disclosure of any information or materials submitted or provided to or otherwise shared with us on the Site. By submitting information or materials (“Submissions”) to EPRV, you (or anyone acting on your behalf) agree that any such information or materials will not be considered confidential or proprietary, and that EPRV is free to use it without condition. In no event will EPRV be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties. You hereby grant EPRV a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Submission in all media formats and channels now known or later developed without compensation to you.

Communication Preferences.

By submitting a Submission through our Site, you are required to provide us with a valid email address and phone number, and to update this information if you change your email account or phone number. By submitting a Submission to us through the Site, you consent to receive electronic communications from EPRV (e.g., via email, text message, or by posting notices to the Site). These communications may include operational notices about your idea and your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Reservation of Rights.

We may modify, suspend, or discontinue any aspect of the Site at any time without prior notice. You agree that we shall not be liable to your or any third party for any modification, suspension, or discontinuance of any feature or component of the Site. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend or terminate your access to the Site; (b) monitor any user’s use of the Site to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Site and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user’s use of the Site in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

Proprietary Rights.

EPRV hereby grants you a limited, non-exclusive, non-transferable right to access and use the Site solely for your personal, non-commercial use. All original content, materials, features and functionality (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) (the “Content”) are owned by EPRV and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Site and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell or resell our Site and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Site and the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Site and the Content other than for their intended purposes. Except for this limited licenses granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Site or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.

All trademarks, trade names and logos appearing on or through the Site are owned by us or licensed by us. The “East Post Road Ventures I” name and logo and all other East Post Road Ventures I names, marks, logos and other identifiers are trademarks and service marks of East Post Road Ventures I. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. You may not use or display any East Post Road Ventures I trademarks, trade names, or logos without our prior written permission. We reserve all rights.

If you choose to provide us with any comments, suggestions, ideas or other feedback (“Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

Appropriate Use of the Site.

You agree to use the Site in accordance with all applicable local, state and federal laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Site. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Site:

Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Site or any Content;
Reverse engineer, deconstruct, disassemble, or decompile any software or technology underlying the Site or provided through the Site;
Distribute, modify, reproduce, or use, in whole or in part, any content of the Site without the prior written consent of EPRV;
Remove, conceal, alter, or otherwise tamper with any copyright, author/source attribution, trademark, or other legal notices that appear on the Site or in any Site content;
Interfere in anyway with the operation of the Site or any server, network, or system associated with the Site, including without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning, or testing the vulnerability of the Site or any server, network, or system associated with the Site; breaching or circumventing firewall, encryption, security, or authentication routines, or accessing data or information not intended for you;
Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest, or gather content from the Site; or
Make any other use of the Site that violates these Terms or any applicable law.

You may also only upload or otherwise share a Submission or other information that you have all necessary rights to disclose. You may not upload, store or share any Submission or other information that:

is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
impersonates, or misrepresents your affiliation with, any person or entity;
contains any private or personal information of a third party without such third party’s consent;
contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Site, or that may expose EPRV or others to any harm or liability of any type.

Warranty; Disclaimer.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED OR AVAILABLE THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, EPRV EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT.

Without limiting the foregoing disclaimer, you understand that EPRV makes no warranty and expressly disclaims all warranties (i) with respect to the accuracy, completeness, currency, or reliability of the Site, its content; (ii) that the Site will meet your requirements and expectations; (iii) that operation of the Site will be uninterrupted, virus-free, or error free; or (iv) that any errors in the Site can or will be corrected. No advice or information obtained through the Site, whether oral or written, will create any warranty not expressly made herein. You expressly acknowledge and agree that use of the Site is at your sole risk and that the entire risk as to satisfactory, quality, performance, accuracy, and effort is with you.

Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.

Limitation of Liability.

Your use of the Site is at your own risk. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EPRV OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ADVISORS AND CONSULTANTS (COLLECTIVELY, “EPRV PARTIES”) BE LIABLE TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR SIMILAR DAMAGE) ARISING OUT OF OR RELATING IN ANYWAY TO YOUR USE OF THE SITE OR ANY CONTENT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR INFORMATION, IS TO STOP USING THE SITE.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that EPRV would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

Release.

To the fullest extent permitted by applicable law, you release EPRV and the other EPRV Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnification.

You will indemnify, defend, and hold harmless the EPRV Parties from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to (i) your access to or use of the Site, and/or the Content; (ii) your Submission and/or Feedback; (iii) your violation of any of the provisions of these Terms; and (iv) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

EPRV reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Governing Law.

You and EPRV agree that these Terms and any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) between you and EPRV relating to your use of the Site will be governed by and construed in accordance with the laws of the State of [insert state], without regard to its conflict-of-laws provisions. YOU AND EPRV EACH IRREVOCABLY AGREES THAT ANY DISPUTE BETWEEN THE PARTIES SHALL BE RESOLVED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN [INSERT COUNTY] COUNTY, [INSERT STATE]. You and EPRV each irrevocably consents to the personal jurisdiction of these courts and waives any and all objections to the exercise of jurisdiction by these courts and to this venue. Notwithstanding the foregoing, however, you and EPRV agree that EPRV may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Termination.

Either you or we may terminate our relationship at any time, with or without cause. In addition, we may deactivate, terminate or suspend your account at any time: (i) if we, in our sole discretion, determine that you are or have been in violation of these Terms; (ii) if we, in our sole discretion, determine that you have created risk or possible legal exposure to EPRV; (iii) in response to requests by law enforcement or other government agencies; (iv) upon discontinuance of material modification of the Site; or (v) due to unexpected technical issues or problems. We may also stop providing the Site, or create limits on use of the Site (in each case, whether specifically to you or generally). Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

Note to International Users.

Our Site is intended for individuals located in the United States. EPRV makes no representation that the content, information, and other materials available on the Site are appropriate or available for use in locations outside of the United States. Accessing the Site from territories where such content, information or other materials are illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws.

Linked Services.

We do not control and are not responsible for websites and services provided by third parties, even if linked to or accessed through the Site (each, a “Linked Service”). The inclusion of a link does not imply endorsement by EPRV of the Linked Service or any association with the operators of the Linked Service. EPRV provides links to Linked Services for your convenience only, and EPRV does not investigate, verify, or monitor Linked Services. You access Linked Services at your own risk and subject to the terms and conditions of use, privacy policies, and other legal provisions applicable to the Linked Services.

Changes to these Terms.

We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of these Terms.

Miscellaneous.

These Terms contain the entire understanding by and between EPRV and you with respect to the matters contained herein.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us.
Except as described in Section 17, these Terms may not be amended unless in writing and signed by you and us.
If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
Nothing contained in these Terms will be deemed to constitute EPRV or you as the agent or representative of the other or as joint venturers or partners.
These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns.
You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable.
A printed version of these Terms and of any related notice given in electronic form shall be admissible in arbitral, judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that we may send you notice via email to the email address you have provided, and we are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. You also agree that we may send you notice through the Site.
Headings and captions are for convenience only.

Contact Us

If you have any questions about the Site or these Terms, please contact us at: rlargey@wphospital.org.