Terms of Use
Please read all of the following terms and conditions (“Terms of Use”) before using the Schoolcraft Capital, LLC (“Schoolcraft”) website (the “Website”). Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. These Terms of Use constitute a legal agreement between you and Schoolcraft. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By accessing and using the Website, you accept, without qualification, these Terms of Use.
No securities offering or investment advice
The information on this Website (the “Information”) is not intended as and does not constitute investment advice or an offer of investment advice, legal or tax advice, an offer to sell any securities to any person or a solicitation of any person of any offer to purchase any securities. The Information should not be construed as Schoolcraft’s endorsement, recommendation or sponsorship of any company or security. There are inherent risks in relying on, using or retrieving the Information, including but not included to the risk that any such Information is or becomes untimely, is or becomes erroneous due to technical or other errors, is incomplete, and/or other risks related to the display, source or accuracy of the Information, including risks that may be currently unknown to Schoolcraft. You should carefully evaluate all Information, and you should seek the advice of professionals, as appropriate, to evaluate any data, Information, product or service. You agree that Schoolcraft is not liable for any action you take or decision you make in reliance on any information on the Site.
Private funds or other private investments sponsored, managed, recommended and/or advised by Schoolcraft are not offered through the Website. An offer regarding any private investment may be made only after you have received from Schoolcraft applicable subscription documentation and other legal documents concerning the investment at issue and have had the opportunity to discuss all matters concerning the prospective investment with your counsel and any other relevant advisers. The Website does not provide Information material to an investor’s decision to invest in any such investment, including, but not limited to, risk factors.
You acknowledge that any requests for information are unsolicited and any information provided does not form an investment advisory relationship with you, or any other client relationship. As a condition to your use of the Site, you represent and warrant to, and agree with the Firm that, all of the information that you provide is truthful, accurate and complete.
Important portfolio and performance information
Portfolio Information (including the Information contained in any user-generated report) is based on data received from custodians, or in the case of limited partnership (or other private investment vehicles) or private placement positions, inputted data received from these entities or their designated administrators. The values and performance presented for private investment vehicles are preliminary, unaudited and subject to change. The Information provided may be subject to timing, reconciliation, or other differences than those reported by your custodians or other investment vehicles. Schoolcraft does not guarantee the suitability or potential value of any particular investment or information source. Please refer to information provided directly to you from your custodians and investment vehicles as the primary source for holdings, cost basis and transactional data. If you feel you are not receiving any custodial statements or investment vehicle reports for assets managed by Schoolcraft, please contact Schoolcraft promptly. The Information provided for your portfolio may also include unmanaged assets and brokerage or other investment accounts not managed by Schoolcraft. Users that have provided access to Information about assets not managed by Schoolcraft will see returns exclusive of the Information provided. Net performance results reflect the deduction of advisory fees, brokerage or other commissions, and any other expenses. Performance results reflect the reinvestment or payment of dividends and other earnings. Any market or composite indices presented on the Website or included in a report are for informational purposes only. They should not be interpreted as a direct comparison to any strategies used by Schoolcraft to manage accounts or investments. Past performance is not indicative of future returns. Investing in securities involves risk of loss. Schoolcraft may invest or otherwise hold an interest in companies or securities that may be discussed on the Site.
Personal and non-commercial use limitation
The Website is for your personal and non-commercial use. Schoolcraft hereby grants you a non-exclusive, non-transferable and limited personal license to access and use the Website, conditioned on your continued compliance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any data, Information, products or services obtained from the Website. You may not link other websites to the Site without the prior written permission of Schoolcraft. Except as specifically approved by Schoolcraft, you may not allow others to use your credentials (username and/or password) to access or use any part of the Website. If your password has been compromised for any reason, you should contact Schoolcraft immediately for a new password. If you provide your password to any third party, you will be solely responsible for any actions taken by such third party using your password. All Information on the Website is subject to confidential treatment and is made available solely for your authorized use in connection with your investment activities. You may not disclose or distribute such information to any other person for any purpose. You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of Schoolcraft. The Website is available only for lawful purposes, and you are prohibited from using the Website in any way that is fraudulent or illegal or for any fraudulent or illegal purpose. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
Privacy notice
If Schoolcraft collects any information from users of the Website, the collection and use of such information is governed by Schoolcraft’s Website Privacy Policy, which you should read prior to providing any information to Schoolcraft.
Disclaimers and limitation of liability
THE DATA, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE RESULTS OBTAINED THEREFROM ARE NOT GUARANTEED BY SCHOOLCRAFT OR ANY PERSONS CREATING OR TRANSMITTING SUCH DATA, INFORMATION, SOFTWARE, PRODUCTS AND/OR SERVICES. SCHOOLCRAFT AND/OR ITS RESPECTIVE THIRD-PARTY SERVICERS AND/OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS. SCHOOLCRAFT AND/OR ITS THIRD-PARTY SERVICERS AND/OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE DATA, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DATA, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SCHOOLCRAFT AND/OR ITS RESPECTIVE THIRD PARTY SERVICERS AND/OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS DATA, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. IN NO EVENT SHALL SCHOOLCRAFT AND/OR ITS THIRD-PARTY SERVICERS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY DATA, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHOOLCRAFT OR ANY OF ITS THIRD-PARTY SERVICERS AND/OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SCHOOLCRAFT AND ANY PERSON CREATING OR TRANSMITTING THE DATA AND INFORMATION ON THE WEBSITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF OR DAMAGE TO ANY COMPUTER THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE DATA, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED AT THE WEBSITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE WEBSITE.
Ownership of content
The Website and all of its content (except for investor-specific data and other content owned by individual users), including but not limited to all text, graphics, charts, audio, logos, images, data compilations, icons, code and software (“Content”), are the property of Schoolcraft and/or its third-party servicers and/or suppliers and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All registered and unregistered trademarks, service marks, trade names and other product and service names and logos displayed on the Website are proprietary to Schoolcraft. If the Website includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by Schoolcraft or any third party, without Schoolcraft’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of Schoolcraft’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of Schoolcraft.
References to publications and other companies
References to any publication or any other company in the Website are for reference and informational purposes only and are not intended to suggest that any of such companies endorse, recommend or approve of the services, analysis or recommendations of Schoolcraft or that Schoolcraft endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of the Firm.
Link to third partiy websites
The Website may contain hyperlinks to websites operated by parties other than Schoolcraft, which may not have been screened or reviewed by Schoolcraft and which may contain inaccurate, inappropriate or offensive material, products or services. Schoolcraft does not control such websites, and it assumes no responsibility or liability with regard to the accuracy, reliability, legality or decency of such third-party websites, content, products or services. Such hyperlinks are provided for your convenience only. Schoolcraft’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Modification and monitoring of website
Schoolcraft may, at its discretion, change, modify, add or remove portions of these Terms of Use at any time without notice to you. These Terms of Use can be accessed from the link at the bottom of each page of the Website. If you use the Website after we post changes to these Terms of Use, you accept the changed Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and the Firm that arose before the date of such revision. These Terms of Use may only be modified in writing. Schoolcraft expressly reserves the right to monitor any and all use of the Website.
Termination and cancellation
Schoolcraft may modify or terminate the Website and terminate your access to the Website without notice at any time and for any reason.
Indemnity
You agree, at your own expense, to indemnify, defend and hold harmless Schoolcraft, its affiliates, and their officers, directors, partners, managers, members, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use or the Privacy Policy, your use of the Website or any product or service related thereto, or any of your other acts or omissions.
Jurisdictional issues and applicable law
Unless otherwise specified, Schoolcraft controls and operates the Website from its offices within the State of Colorado, United States of America. Schoolcraft does not claim that materials in the Website are appropriate or available for use in locations other than Colorado. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
These Terms of Use are governed by the laws of the State of Colorado, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City and County of Boulder, Colorado, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Schoolcraft as a result of these Terms of Use or use of the Website. Schoolcraft’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of Schoolcraft’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Schoolcraft with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. By reviewing or using the Information after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding (c) you are expected to and will periodically review this page to take notice of any changes made by Schoolcraft, and (d) you will use the Information in a manner consistent with applicable laws and regulations and in accordance with these Terms of Use, as Schoolcraft may amend them online or otherwise from time to time and with or without notice to you of such amendments. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms of Use constitute the entire agreement between you and Schoolcraft with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Schoolcraft with respect to the Website. You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.