Last Updated: May 4, 2023
ThingVC is a micro VC fund. Our Site provides information about ThingVC and allows you to submit an application for our consideration of an investment in your company.
Subject to these Terms, ThingVC grants you a personal, limited, revocable, non-exclusive, and non-transferable license to access and use the Site for informational purposes only. This right is exclusive to you and is not sublicensable. ThingVC expressly retains all ownership rights, title, and interest in and to all aspects of the Site and all intellectual property rights therein, including, but not limited to, all current and copyrights, trademarks, trade secrets, know-how, patent rights, and other proprietary rights included or embodied in the Site.
You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Site that would reveal any source code, trade secrets, know-how, or other proprietary or confidential information. You may not use robots, spiders, scripts, services, software, or any manual or automatic device, tool, or process designed to data mine or scrape the Site, or otherwise access or collect from the Site using automated means. You shall abide by all copyright notices, information, and restrictions contained on the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in the Site or displayed by, on, or in the Site. In no event may you use the Site for commercial endeavors without our prior written consent.
You must submit any applications to us online through the Site. In order for us to consider your application, you must accept these Terms. You agree that the information that you provide to us via the Site, whether via an application or otherwise will be true, accurate, current, and complete. ThingVC does not claim ownership rights in any such information that you provide to us. You hereby grant to us and our authorized representatives and contractors a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, to use any information you provide to us for any lawful business purpose, including but not limited to evaluating your application and deciding whether or not to invest in your company.
We reserve the right at any time and from time-to-time to modify, edit, delete, or discontinue the Site (or any part thereof, including acceptance of applications) with or without notice. You acknowledge and agree that we will not be liable to you or to any third party for any such modification, editing, deletion, or discontinuance.
You may use the Site and submit applications free of charge.
2. Third-Party Websites.The Site may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, are not under the control of ThingVC. ThingVC is not responsible for any Third-Party Websites. ThingVC provides these links to Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or any product or service provided in connection therewith. Your use of any links in Third-Party Websites is at your own risk. When you leave the Site, these Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
3. No Restrictions on Other Investments.
You agree and acknowledge that ThingVC is a professional investment organization, and as such reviews the business plans and related proprietary information of many enterprises, some of which may compete directly or indirectly with your company’s business (as currently conducted or as currently propose to be conducted). Your submission of an application will in no way preclude or in any way restrict us from evaluating or purchasing securities, including publicly traded securities, of a particular enterprise, or investing or participating in any particular enterprise whether or not such enterprise has products or services which compete with those of your company. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THINGVC BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF, OR BASED UPON, (A) THINGVC’S INVESTMENT IN ANY ENTITY COMPETITIVE WITH YOUR COMPANY, OR (B) ACTIONS TAKEN BY ANY PARTNER, OFFICER, EMPLOYEE OR OTHER REPRESENTATIVE OF THINGVC TO ASSIST ANY SUCH COMPETITIVE COMPANY, WHETHER OR NOT SUCH ACTION WAS TAKEN AS A MEMBER OF THE BOARD OF DIRECTORS OF SUCH COMPETITIVE COMPANY OR OTHERWISE, AND WHETHER OR NOT SUCH ACTION HAS A DETRIMENTAL EFFECT ON YOUR COMPANY.
4. DISCLAIMER OF WARRANTY.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THINGVC MAKES NO WARRANTIES REGARDING THE SITE, THE RESULTS OF ANY APPLICATION YOU MAY SUBMIT, WHETHER OR NOT WE WILL INVEST IN YOUR COMPANY, THE RESULTS OF ANY INVESTMENT WE MAY MAKE IN YOUR COMPANY, OR THE ASSISTANCE WE MAY OFFER IN CONNECTION WITH ANY SUCH INVESTMENT. THINGVC DOES NOT REPRESENT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DATA AND INFORMATION THAT YOU SUBMIT TO US WILL BE SECURE FROM UNAUTHORIZED ACCESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THINGVC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ANY APPLICATION YOU MAY SUBMIT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
5. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THINGVC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THINGVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE OUT OF OR RELATE TO ANY ONE OR MORE OF THE FOLLOWING: THESE TERMS, YOUR USE OF THE SITE, THE RESULTS OF ANY APPLICATION YOU MAY SUBMIT, WHETHER OR NOT WE WILL INVEST IN YOUR COMPANY, THE RESULTS OF ANY INVESTMENT WE MAY MAKE, AND THE ASSISTANCE WE MAY OFFER IN CONNECTION WITH ANY SUCH INVESTMENT. IF YOU ARE DISSATISFIED WITH THE SITE, INCLUDING, THE REJECTION OF ANY APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE TOTAL LIABILITY OF THINGVC TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO ANY ONE OR MORE OF THE FOLLOWING: THESE TERMS, YOUR USE OF THE SITE, THE RESULTS OF ANY APPLICATION YOU MAY SUBMIT, WHETHER OR NOT WE WILL INVEST IN YOUR COMPANY, THE RESULTS OF ANY INVESTMENT WE MAY MAKE, AND THE ASSISTANCE WE MAY OFFER IN CONNECTION WITH ANY SUCH INVESTMENT, WILL NOT EXCEED $50. IT IS THE INTENTION OF YOU AND THINGVC THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ThingVC may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Updated” date at the top of these Terms. Your continued access to or use of the Site or submission of any application after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or submit an application.
The laws of the State of Colorado govern these Terms and any matters related to this Agreement, including, but not limited to any matters related to applications, without regard to any conflicts of laws principles that would require the application of the laws of a different jurisdiction. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Denver, Colorado in any litigation arising out of this Agreement or any application. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THINGVC ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
ThingVC is located in Denver, Colorado. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the ThingVC as follows:
By E-mail: email@example.com
By Postal Mail: 201 Milwaukee St.
Denver, CO 80206
These Terms constitute the entire agreement between you and ThingVC governing your use of the Site and submission of applications, superseding any prior agreements between you and ThingVC governing such subject matter. The failure of ThingVC to exercise or enforce any right or provision of these Terms shall 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, you and ThingVC nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.