© 2022 Dakotomy
Effective date: January 25, 2022
1. Use of the Site. You must be at least 18 years old to use our Site. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Dakotomy’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
2. Information Not Confidential; Not an Offer to Invest. If you choose to contact any Dakotomy personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary. Dakotomy undertakes no obligation to review information submitted by you, or to return such information to you. Dakotomy may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to Dakotomy. Nothing you submit to Dakotomy will cause it or its affiliated funds to be limited or restricted from the pursuit of any opportunities, either alone or with third parties. Your use of the Site or communication with any Dakotomy personnel is not an indication that Dakotomy or its affiliated funds will invest in any business you are associated with, nor is it an invitation to invest in any Dakotomy entity or affiliated fund. You understand Dakotomy is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest.
3. Proprietary Rights. The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Dakotomy or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Dakotomy. Dakotomy grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. Dakotomy (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
Without limiting the foregoing, as between you and Dakotomy (or other companies whose marks appear on the Site), Dakotomy (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Dakotomy Mark You may not use or exploit any Marks without prior written consent from Dakotomy.
4. Privacy; Your Rights under CCPA
The Site may contain a feature that permits you to provide us with your email address or send us an email message. The contents of any such message will be treated in accordance with Section 2, but we will only use your email address to send you messages regarding Dakotomy, its affiliated funds, their portfolio companies, and any of its and/or their businesses and/or industries; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. Dakotomy will also collect information during your visit to the Site through automatic data collection tools, including cookies, such as your IP address, browser type and/or device you are using to access the Site, geolocation data, device identification and clickstream behavior. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.
Dakotomy may freely use the foregoing information for its business purposes, and may disclose such information internally and to our affiliated funds and service providers, separately or in combination with pre-existing information, for the following business purposes:
We do not sell or otherwise disclose your information to third parties for monetary or other valuable consideration. Please note that while we endeavor to protect the privacy of your personal information we collect, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time
The Site is not directed to children and if you are under 13, you may not provide Dakotomy with any personally identifiable information about you whatsoever. If Dakotomy discovers it has collected any personally identifiable information from a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Dakotomy will immediately delete such information.
You may request specific pieces of personal information (as such term is defined by the California Consumer Privacy Act (“CCPA”)) that we have collected from or about you via the Site, or you may request that one or more of such pieces be deleted, by contacting us at email@example.com. However, we may need to retain such information in certain circumstances if it is necessary to provide you with services you requested or if we use such data only for our internal analytical use. We will not discriminate against you for exercising your rights under the CCPA. We will not deny you access to our Site or services, or provide you a lower quality of services if you exercise your rights under the CCPA.
5. Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND Dakotomy (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).
6. Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Dakotomy, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “Dakotomy PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY Dakotomy PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY DAKOTOMY PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.
7. General Information. These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Napa, California. The failure of Dakotomy to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without Dakotomy’s express written consent. These Terms inure to the benefit of Dakotomy’s successors, assigns and licensees. These Terms are the entire agreement between you and Dakotomy with respect to the subject matter herein.