CraftFund, LLC Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING CRAFTFUND.COM OR THE SERVICES OF CRAFTFUND, LLC, ITS AFFILIATES, PARTNERS OR SUBSIDIARIES.

Last Updated: September 19, 2014

CraftFund, LLC, a Wisconsin limited liability company (“CraftFund”), owns and operates this website, portions of other web pages and web content, and/or a mobile device application through which you have accessed these Terms of Use (collectively, the “Site”). These Terms of Use set forth the legally binding terms for your use of the Site and the services of CraftFund, its affiliates, partners and subsidiaries. By visiting, using, and/or submitting information to the Site, you agree to be bound by these Terms of Use (this “Agreement”) and CraftFund’s Privacy Policy .

For more information, CraftFund is located at 1101 North Market St, Ste. 200, Milwaukee, WI 53202, U.S.A (414-731-6739. info@craftfund.com)

YOUR COMPLIANCE WITH THIS AGREEMENT

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.

You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, CraftFund may monitor your access and use of the Site in accordance with CraftFund’s Privacy Policy .

VERIFYVALID PAYMENTS AGREEMENT INCORPORATED

CraftFund uses eCheck provider VerifyValid as its third party service provider for payment gateway services. By buying securities on CraftFund you hereby agree to be bound by the following VerifyValid terms:

You agree that it is your sole responsibility to ensure that the information that you provide for creation of VerifyValid eChecks is current and accurate at all times. This includes, but is not limited to, names of authorized users, addresses, phone numbers, bank account numbers and email addresses. We are not responsible for any processing errors or fees incurred if you do not provide accurate banking account or contact information. You are solely responsible for the accuracy of the information you employ in financial transactions you initiate with the Services.

When you use the Services to initiate a financial transaction as a maker of a check payment, you inherently grant the authorized recipient or payee of the transaction the right to act as your agent to print a physical representation of the transaction (i.e. a paper check) on your behalf for the purpose of negotiating the item. In the instance that the authorized recipient or payee does not print the item but instead forwards it electronically, you also grant all rights and licenses necessary for the recipient of the transaction to act as your agent for purposes of continuing the processing of the transaction and you further acknowledge the right of the authorized recipient or payee or next holder in due course to grant the same right to each successive holder in due course or financial institution until the transaction has been completed.

If there is any dispute between banks and/or holders of this item, you agree to support the claim of the party that verifies the authenticity of the payment in conjunction with the act of negotiating the item for cash or deposit.

If you decide to print a physical representation of the financial transaction, you agree that you will print the financial transaction in conformance with requirements for constituting a check and in conformance with published check-printing standards. You also agree to print the financial transaction only once and will honor only one presentment (the first presentment) of the financial transaction. You agree and acknowledge that multiple presentment of a financial transaction constitutes bank fraud and you agree to refrain from any such activity. To the extent VerifyValid produces a cryptographic derivative representative of the initiated financial transaction; you agree not to remove this cryptographic derivative from any representation of the initiated financial transaction.

You agree to not alter or conceal any VerifyValid-initiated comments, instructions and disclaimers associated with the initiated financial transaction. These instructions may include, but are not limited to, a disclaimer regarding the authorization of the recipient to be your agent for purposes of continuing the initiated financial transaction and to print any physical representation of the financial transaction in conformance with published check-printing standards.

If you want to stop any initiated financial transaction that has been authorized by you, you must either contact the recipient directly and request that they return or destroy all representations of the transaction in their possession, or, to the extent that the recipient has already properly and validly presented the financial transaction to a baking institution for settlement, institute a standard stop payment order with your financial institution. VerifyValid cannot stop the transaction from being completed. You are responsible for all charges from your bank.

By using the Services, you are initiating financial transactions. Initiated transactions may not be completed for reasons associated with your banking account (for example, there are insufficient funds in your banking account to cover the transaction). You are responsible for all returned item charges and other bank fees imposed upon you.

You are prohibited from using the Services for activities that: (a) violate any legal authority; (b) involve payments related to illegal gambling, illegal gaming and/or any other illegal activity, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill and sweepstakes (c) violate any property or proprietary right of any third party, including any copyright, trademark, or right of publicity or privacy; (d) impose an unreasonable or disproportionately large load on our infrastructure; (e) facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (f) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (g) bypass technology protecting the Site or Services, or interfere or attempt to interfere, with the Site or the Services; or (h) may cause us or our service providers to lose any of the services from our internet service providers, payment processors, or other vendors. We encourage you to provide prompt notice to us of any violations of this section or this agreement generally. In no event shall we or our service providers be liable for any claims or damages resulting from or related to your violation of the acceptable uses of the Services or this agreement. We and our service providers reserve the right to monitor and remove any comments you post or submit through the Service, in our discretion.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER VERIFYVALID NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES AND PROVIDE THE SERVICES "AS" IS”. TO THE EXTENT PERMITTED BY LAW, VERIFYVALID, AND VERIFYVALID'S SUPPLIERS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF VERIFYVALID OR ITS SUPPLIER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF VERIFYVALID, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

If you have a dispute with one or more other users of the Site or the Services, you release VerifyValid and its affiliates and service providers and the employees and contractors of each of these, from any and all claims. Also, you understand that VerifyValid eChecks may be used by the owner of this site to collect funds on your behalf or to collect funds from you and hold them for and deliver them to another party of your choosing. You understand that VerifyValid is creating these items but that all handling of these items is being done by the provider of this site or its agents and agree to hold VerifyValid harmless from all claims arising from the creation or handling of eChecks by the provider of this site.

DESCRIPTION OF SERVICES

CraftFund is an online market place that allows food, beverage, and real estate companies to showcase products/projects and seek equity and debt financing from local customers. By accessing or using the Services in any manner, whether you are a company seeking to raise capital, Investor or other visitor, you become a CraftFund user (“User”). Users may come to the Site to explore content, participate in CraftFund’s community network, invest in local offerings, showcase food, beverage and real estate products/projects, and raise capital for their businesses (the “Services”). A User can create a Company Profile, listing general product and brand information. In addition, certain Users can submit an application to create a Campaign to fund its craft food and beverage business or related enterprises (“Companies”) by offering equity to other users (Investors). CraftFund also provides a place for Users to interact and share information, including shareholder reports.

THE SITE IS NOT INTENDED FOR MINORS

The Site is intended to be accessed and used only by adults and is not directed to minors. As stated in CraftFund’s Privacy Policy , CraftFund does not knowingly collect personally identifiable information from or about anyone under the age of 13 and you should not provide CraftFund with any information regarding any individual under the age of 13. If you are under the age of 13, you are expressly prohibited from using the Site.

YOUR ACCESS AND USE OF THE SITE

Your right to access and use the Site is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy .

Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that CraftFund, in its sole discretion, may elect to take. CraftFund reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.

Any action by you that, in CraftFund’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy ; (ii) restricts, inhibits or prevents any access, use or enjoyment of the Site; or (iii) through the use of the Site, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use the Site. You shall not metatag, provide links to or frame the Site without CraftFund’s prior express written permission.

YOUR ACCESS AND USE OF SERVICES ON THE SITE

Subject to the terms of this Agreement and the Privacy Policy , CraftFund may offer you various services on or through the Site (the "Services"). Absent a written agreement to the contrary, below are terms and conditions governing these Services.

You Must Maintain the Integrity of Your Information. To use certain Services, you may be required to provide CraftFund with information about you ("Your Information"). If you provide Your Information to CraftFund then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. CraftFund’s collection, use and disclosure of Your Information is governed by this Agreement and CraftFund’s Privacy Policy .

You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that CraftFund shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.

You Must Notify CraftFund of a Breach. You agree to immediately notify CraftFund of any unauthorized use of your password, any unauthorized use of any account that you may have with CraftFund, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: info@craftfund.com

You Are Responsible for Your Decisions. CraftFund and its affiliates, through the Site, may provide a venue through which you can obtain information and invest in third-party Companies. CraftFund does not endorse or recommend the products or services of any Companies, and is not an agent or advisor to you or any of the Companies. CraftFund does not validate or investigate the licensing, certification or other requirements and qualifications of the Companies. It is your responsibility to investigate the Companies. You acknowledge and agree that the Companies are solely responsible for any and all information and disclosures that they may provide to you or make available to you on this Stie, and that CraftFund shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of, or reliance upon, such information or disclosures, the compliance or failure to comply with any agreements you may enter into with any company, your participation in any investment in any Company, or your ownership of any securities issued by any Company. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by the Companies.

No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. CraftFund does not make any warranties or representations regarding any information, disclosures, agreements, instruments, fees, terms, rates, discounts, or services offered or made available through the Site or by the Companies.

REGISTRATION

You may browse the Content on the Site without registering, but as a condition of using certain aspects of the Services, you may be required to register with, and provide certain information to, CraftFund and create a username and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account.

FEES AND PAYMENTS

Access and use of the Site is free for general users. At any time, CraftFund may choose to charge fees for various features and services, and CraftFund will notify you of those charges at the time that CraftFund offers features and services for a fee. CraftFund may, in its sole discretion, and by notifying you on the Site, change this policy and begin charging for access to the Site and other features and services, and CraftFund may, in its sole discretion, add, remove or change the features and services CraftFund offers or the fees (including the amount and type of fees) CraftFund charges at any time. If CraftFund introduces a new service or charges a new fee, CraftFund will notify you of the fees for that service at the launch of the service or start of charging a new fee. If CraftFund notifies you of new fees or changes the fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.

REFUND POLICY

For any fees paid for Services, you acknowledge and agree that, except as may be otherwise agreed in writing by CraftFund, there are no refunds for fees paid, and there are no refunds of your investment. You are responsible for any inaccuracy in selecting a Campaign or investment amount. If you dispute a charge for any Service, you must submit a dispute within 30 days of the original charge in writing to ¬¬¬¬CraftFund LLC, 1101 N. Market St., Ste. 201, Milwaukee, WI 53202.

Users shall look solely to the Companies for any recourse or remedy related to any investment or investment decision made by such Users. CraftFund is not responsible for the acts, omissions, representations, warranties, agreements, or statements made by any Company.

CONDITIONS OF PARTICIPATION

You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of these Terms of Use. Certain Services on this Site may only be available if you are twenty-one (21) years of age or older. CraftFund reserves the right to reject or remove Companies from the site that CraftFund determines do not fit its criteria (which CraftFund may change from time to time), or chosen industries of food, beverage and real estate development (which CraftFund may change from time to time).

Food, beverage, and real estate development companies may create a free Company Profile for the purpose of product and brand advertising. Users posting a Company Profile on this site agree to limit the Company Profile to general brand and product description. CraftFund reserves the right to reject or remove any content that it deems to constitute general solicitation or other information not permitted by these Terms of Use. CraftFund disclaims any responsibility for any use of profile pages or any Services provided by or through the Site that may violate State or Federal securitied laws or regulations or any other laws, rules, or regulations.

Companies may only post a fundraising Campaign on the Site if the Campaign is first approved by CraftFund and is being run by an entity organized under the laws of the State of Wisconsin.

Users may only invest in a Campaign on the Site if they are a resident of the State of Wisconsin. Users acknowledge that only Wisconsin residents are allowed to invest through the Site at this time and that nothing on the Site constitutes an offer of securities to anyone who is not a legal resident of the State of Wisconsin. Investment in a Campaign will require the User to open a separate account with a third-party service provider of CraftFund, LLC's choosing, through which subscription funds will be accepted, unless such procedures are waived by us, in our sole discretion.

Users electing to utilize CraftFund’s shareholder portal service acknowledge, consent and agree that CraftFund, LLC only provides a forum for Companies and Investors to communicate and that each Company bears the burden of meeting any regulatory requirements, including delivery of disclosure materials and shareholder reports. Users acknowledge, consent and agree that CraftFund is not responsible for a Company’s failure to meet any reporting or other legal or regulatory requirements.

Users hereby acknowledge, consent and agree that CraftFund may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CraftFund and its users.

WEBSITE USER SUBMISSION AND POSTED MATERIALS

If you transmit, submit or post information to the Site, including any text, graphics or logos, you automatically grant CraftFund and its affiliates and assigns the worldwide, fully-paid, royalty-free, nonexclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). This license shall not apply to certain proprietary offering materials such as disclosure documents/financials prepared and posted in connection with a fundraise conducted on the site.

You shall not transmit, submit or post the following to the Site:

Although CraftFund does not regularly review transmissions, submissions or postings, CraftFund reserves the right (but not the obligation) to edit, refuse to post or remove transmissions, submissions or postings. Pursuant to the Privacy Policy , CraftFund may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content as defined in the Privacy Policy ) and the consequences of transmitting, submitting or posting them.

CRAFTFUND’S INTELLECTUAL PROPERTY RIGHTS

CraftFund’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of CraftFund in the United States and/or other countries (collectively, the "Marks"). You may not use the Marks without the prior express written permission of CraftFund which permission may be withheld in CraftFund’s sole discretion. CraftFund makes no claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, CraftFund or its Content suppliers. CraftFund also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on the Site (the "Software") is the property of CraftFund or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of CraftFund’s or any third party's intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by CraftFund or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

YOUR USE OF THE CONTENT

Subject to any limitations on use or confidentiality obligations you may have with any Company or other User, CraftFund grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you shall not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of CraftFund, which permission may be withheld in CraftFund’s sole discretion.

You may not use any meta tags or any other "hidden text" utilizing CraftFund’s name or trademarks without the express written permission of CraftFund, which permission may be withheld in CraftFund’s sole discretion.

NOTICE OF PERCEIVED COPYRIGHT INFRINGEMENT

It is CraftFund’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. CraftFund shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of CraftFund and/or others.

Notifications (each a "Notification") of claimed copyright infringement should be sent by either express mail or U.S. mail to CraftFund’s designated agent. CraftFund’s designated agent contact information is set forth below:

Address of designated agent to Which Notification Should be Sent:

Attention: David Dupee
CraftFund, LLC
1101 North Market St., Suite 200
Milwaukee, WI 53202, United States of America
Email address of designated agent: info@craftfund.com

Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:

Counter Notification:

Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to CraftFund's designated agent that includes substantially the following:

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:

ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without CraftFund’s express written permission which may be withheld in CraftFund’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in CraftFund’s sole discretion an unreasonable or disproportionately large load on CraftFund’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of CraftFund and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures CraftFund may use to prevent or restrict access to the Site. Notwithstanding the foregoing, CraftFund grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site. CraftFund reserves the right to revoke these exceptions either generally or in specific cases. You agree that you will not collect or harvest any personally identifiable information, including account names, from the Site. You agree that you will not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You agree that you will not solicit for commercial purposes any users of the Site without CraftFund’s express, written permission, which permission may be withheld in CraftFund’s sole discretion.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send email to CraftFund, you are communicating with CraftFund electronically. You consent to receive communications from CraftFund electronically and via any e-mail address you provide to CraftFund for any purposes. Although CraftFund may choose to communicate with you by regular mail, CraftFund may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that CraftFund provides to you electronically satisfy any legal requirement that such communications be in writing.

YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.

MOBILE DEVICES

If CraftFund provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.

NO PROFESSIONAL ADVICE; NO ENDORSEMENT

There may be provided on the Site links to other Web sites belonging to CraftFund’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by CraftFund of those Web sites, nor the products or services listed on those Web sites. CraftFund is not responsible for the activities or policies of those Web sites. CraftFund does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. CraftFund does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site are the best terms or lowest rates available in the market.

CraftFund is not a registered broker-dealer and does not offer legal, accounting, tax, investment or other professional advice to any User, including any of the Companies, or any person that may invest in a Campaign. Users are urged to seek independent counsel before using the Services on the Site for advice including, but not limited to appropriate legal advice relating to the requirements of any Company or Campaign to qualify for any exemption from Federal or State securities laws or otherwise comply with any Federal or State with securities laws.

The Site is for informational purposes only and should not be used or construed as an endorsement, recommendation or sponsorship of any of the Companies by CraftFund, its affiliates, officers, directors, employees or agents. Users acknowledge and agree that the use of the Site and any decisions made in reliance upon information available on the Site are made at your own risk.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CRAFTFUND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CRAFTFUND DOES NOT WARRANT: (1) THAT THE USE OF THE SITE OR THE CONTENT THEREON WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR FREE; (2) THAT THE SITE AND THE CONTENT THEREON ARE ERROR FREE OR FREE OF VIRUSES; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (4) THE ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS OR CONTENT OF THE SITE; (5) INFORMATION OR OTHER CONTENT PROVIDED BY CRAFTFUND OR MADE AVAILABLE ON THE SITE. CRAFTFUND SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF THE SITE; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK; OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CRAFTFUND AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CRAFTFUND'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100).

YOU SPECIFICALLY ACKNOWLEDGE THAT CRAFTFUND SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RIST OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CraftFund, its officers, directors, employees, agents, contributors, advertisers, sponsors, investors, and licensors, from any claims, damages and expenses (including, without limitation, attorney’s fees), related to your provision of any Materials or your use of the Site or Content, and for (i) any breach of these Terms of Use by you or your agents, (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by CraftFund; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you. CraftFund shall have the right at CraftFund’s option and expense, but shall not be obligated, to participate in the defense and/or settlement of any claim or action, or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without relieving your indemnification obligations. In no event shall you settle any suit or claim imposing any liability or other obligations on CraftFund without CraftFund’s prior written consent.

CHANGES TO THESE TERMS OF USE

CraftFund reserves the right, at its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue its Services (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. CraftFund may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check the Terms of Use Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use Terms of Use constitutes acceptance of those changes.

CRAFTFUND’S REMEDIES

You acknowledge that CraftFund may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, CraftFund shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

CHOICE OF LAW; CHOICE OF FORUM

You agree that: (i) the Site shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over CraftFund, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Milwaukee County, Wisconsin, or the United States District Court, Eastern District of Wisconsin.

MISCELLANEOUS

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

This Agreement, the Privacy Policy , and all aspects of your relationship with CraftFund, including any personal information or data associated therewith, may be disclosed and/or assigned by CraftFund to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Agreement is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by CraftFund from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and CraftFund regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact CraftFund via any of the methods set forth below:

• Via telephone: (414) 731-6739
• Via mail: Attn: David Dupee
CraftFund, LLC
1101 North Market St., Suite 200
Milwaukee, WI 53202, United States of America
Via email: info@craftfund.com

 

 

Privacy Policy

Last Updated on September 19, 2014

Acknowledgment and Acceptance of Terms

CraftFund values your privacy and the protection of your sensitive personal information. You control whatever personal information you wish to give us. You do not have to tell us who you are or reveal anything further about yourself. We only collect the information necessary to maintain a satisfactory business relationship with you.

We respect your privacy and are committed to protecting it through our compliance with this privacy policy (this “Privacy Policy”). For purposes of this Privacy Policy, each of the terms “we,” “us,” or “our” means CraftFund, LLC, a Wisconsin limited liability company ("CraftFund"), and the term this “Site,” means, collectively, this webSite, portions of other Web pages and Web content, and/or a mobile device application through which you have accessed this Privacy Policy.

This Privacy Policy (together with our Terms of Use and any other documents referred to in this Privacy Policy and the Terms of Use) describes information that we collect from you or that you provide on this Site and how that information may be used and disclosed by us.

This Privacy Policy does not apply to information collected through any other medium, collected offline, or collected by any person or entity other than us (such as a third-party webSite or a third-party application).

We collect and store certain types of information from you in order to better serve your needs. This Privacy Policy sets forth our current privacy practices with regard to the information we collect when you interact with our webSite.

Please read this Privacy Policy and the Terms of Use carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing, using or submitting information to this Site, you agree to this Privacy Policy and our Terms of Use . This Privacy Policy may change from time to time and your continued use of this Site is deemed to be acceptance of such changes, so please check periodically for updates.

Children’s Information

If you are under 13 years of age, please do not send any information about yourself to us or on this Site, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child, we will delete that information and otherwise comply with the requirements of the Children’s Online Privacy Protection Act and applicable law. If you believe that we might have any information from or about a child, please contact us at info@craftfund.com.

You must be at least 18 years of age to register with or use this Site. This Site is not intended for children under 13 years of age. No one under 13 years of age may provide any personal information to or on this Site or use this Site. We do not knowingly collect personal information from children under 13.

Information We Collect

Here is the information we do collect and how we use it.

Activity Information. When you access and interact with the Site, we may collect certain information about those visits. For example, our servers may receive and record information about your computer, device, and browser, including potentially your IP address, browser type, and other software or hardware information. If you access the Site from a mobile or other device, we may collect a unique device identifier assigned to that device, geolocation data, or other transactional information for that device.

Personally Identifiable Information In this Privacy Policy, “personally identifiable information” means information that identifies a particular individual, including but not limited to an individual’s name, postal address, e-mail address, and phone number. Personally identifiable information does not include screen names or user names that you may provide to us or through this Site. Certain personal information must be provided during the various registration processes on the Site (user, investor and company), in order to (a) enable registered users to login to the Site, (b) determine investor eligibility to view offerings, (c) determine company eligibility to raise funds, (d) verify investor identities, (e) and guard against potential fraud. This basic personal information includes, but is not limited to:

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Non-Personally Identifiable Information

We may collect demographic information about you including but not limited to gender, IP address, zip code, and birth date, and information regarding your preferences and usage. This type of information is not, by itself, personally identifiable information. However, if we link such information with personally identifiable information in a manner that identifies a particular individual, then we will treat all such information as personally identifiable information for purposes of this Privacy Policy.

We may collect non-personally identifiable information about you through a variety of technical methods, including the following:

The information collected through these technical methods, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information. If this happens, we will treat the combined information as personally identifiable information.

What we do with the information

CraftFund uses the information we collect in a manner that is consistent with this Privacy Policy, including to:

CraftFund will inform you of any additional use of your information prior to or at the time at which the information is collected.

Sharing and Disclosure

We may disclose your information in the following ways:

1. Companies/Issuers. We may share your information with companies raising capital on CraftFund. Companies use the information to approve or register you as an investor of the business, issue the security that you have purchased, manage investors post investment, and update you on your investment.

2. Service Providers and Partners. CraftFund works with a number of trusted partners that perform vital functions as part of our operations, including electronic payment service providers and financial institutions serving as escrow agent. Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. 3

. Legal and Other Disclosures. We may share your information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your personal information as we deem necessary, in our sole discretion, when we believe that disclosure is necessary to enforce and/or protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web Site.

Other than as set forth herein, we will not disclose your information unless we obtain your prior consent or are legally required to do so.

Email Communications

At any time, you may opt out of receiving marketing emails from CraftFund, but you may not opt out of administrative emails (billing, transactional, policy changes, etc.) If you believe that you have received an unsolicited email from us, please contact us at info@craftfund.com

Editing Your Personal Information

Users are encouraged to review their information regularly to ensure that it is correct and complete. As a registered user, you can review and change your personal information by accessing your profile page. You may not be able to change some account information online.

You can request that we close your CraftFund profile by e-mailing us at info@craftfund.com. We may need to retain certain information in order to comply with laws, prevent fraud, assist with investigations, resolve disputes, analyze or troubleshoot programs, enforce our User Agreement and take actions otherwise permitted by law. If your account or membership is terminated or suspended, we may retain some information to prevent re-registration.

Security

CraftFund takes commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. We have implemented physical, electronic and procedural safeguards that are designed to protect the security of your information.

All data is considered highly confidential. Data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with hardened operating systems, all housed in a secure facility. Access to the system, both physical and electronic, is controlled and sanctioned by a high-ranking manager.

We also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that you when you connect to our web Site you are actually on our Site. SSL also ensures that all data entered into the web Site is encrypted. To verify that SSL is being used, look for the key or padlock icon on your browser. For further encryption protection, we use a 128-bit secure browser for logins and transactions..

Unfortunately, no safeguards or processes can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information, and you provide information at your own risk. We will monitor the effectiveness of our security system and refine and upgrade our security technology as new tools become available.

Business Transfers

We specifically and expressly reserve the right to disclose, lease, sell, assign or transfer your personally identifiable information collected through this Site, and any of its databases, together with any personally identifiable information contained in such data bases, to third parties in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

Links to Other Web Sites

This Privacy Policy applies only to the CraftFund Site. The CraftFund Site may contain links to other webSites (“Third Party Sites”) not operated or controlled by CraftFund. Please consult the privacy policies on these Sites before you provide them with any of your personal information. Your use of a Third Party Site is subject to and governed by the terms and guidelines of such Third Party Site. We do not endorse or make any representations or warranties concerning Third Party Sites, and will not in any way be liable for any information or services on Third Party Sites.

User Generated Content

You are responsible for any content, including personal information, that you contribute to be published or displayed (“posted”) on this Site, or that you transmit to other users of this Site (collectively, “User Generated Content”). Your User Generated Content is posted on and transmitted to other users of this Site at your own risk. We cannot control the actions of other users of this Site with whom you may choose to share your User Generated Content. We can also not responsible for circumvention of any privacy settings or security measures contained on this Site. As a result, we cannot and do not guarantee that your User Generated Content will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of your User Generated Content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on this Site, including User Generated Content, is governed by our Terms of Use .

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. Below are some mechanisms that provide you with control over certain information:

Information You Disclose to Third Parties

You may be presented with an opportunity to receive information and/or marketing offers from third parties in connection with this Site. All information you disclose to such third parties will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to disclosing information to them. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

Links to Third-Party Websites

This Site, as well as the e-mail messages sent with respect to this Site, may contain links to websites operated by third parties that are beyond our control. Links to third parties from this Site are not an endorsement by us of such third parties, their websites, their products, their services, or their practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties or third-party websites. These third-party websites may send their own cookies to you and independently collect data. If you visit a website that is linked from this Site or our emails, we encourage you to read any privacy statements and terms and conditions of that third party’s website before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party or a third party website, please contact the third party directly.

Operation of this Site in the United States

This Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using this Site or providing us with your information, you consent to this transfer.

Changes

We may change this Privacy Policy from time to time as circumstances dictate. We will always communicate these changes to you by posting them on this web Site and/or by notifying you via email in the event of any substantive or material changes.

You should review this Privacy Policy periodically to remain informed of any changes. You agree to accept posting of a revised Privacy Policy electronically on this Site as actual notice to you. We will not reduce your rights under this Privacy Policy without your explicit consent.

Contacting Us

If you have questions or concerns about our privacy practices or wish to make a request regarding your personally identifiable information, please contact us at any of the following:

CraftFund, LLC
1101 North Market St., Suite 200
Milwaukee, WI 53202, United States of America
Via email: info@craftfund.com

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS

Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at info@craftfund.com or in writing at:

Attn: David C. Dupee
CraftFund, LLC
1101 North Market St., Suite 200
Milwaukee, WI 53202, United States of America

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified in this paragraph. 12004918.1

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