TERMS & CONDITIONS
Your compliance with these terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Term of Use or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
1. Uses of Our Site and Content
All content, trademarks, logos, copyrights and other intellectual property displayed on the Site are owned by JVH or their respective owners. By visiting this Site, you agree to the following with respect to the content on the Site (the “Content”).
JVH grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, print and make limited personal copies of individual pages from the Site, solely for your personal and noncommercial use. You may not use any trademark, service mark or logo of JVH or any third party that appears on the Site without prior written consent.
You may not copy significant Content from the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
If you download any pages from the Site, you may not remove or obscure any notices or legends or otherwise alter or modify the Content in your copies.
You may not make commercial use of any of the Content, forward or distribute it other than to a few individuals or post the Content on another website or public media.
If you link other websites to this Site, you may not imply or suggest that JVH has endorsed or is affiliated with such websites. You may not display this Site as “framed” within another website.
You may not (and may not encourage or assist others to) use this Site to violate any law, regulation, rule or the rights of others.
You may not violate or attempt to violate the security of this Site or use the Site to gain access to the identities, information or computers of others.
You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.
You may not transmit any virus, worm, time bomb or similar system interference or corruption through this Site.
2. Investment Disclaimers
The Site is for general informational purposes only. The Site does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. The investments and strategies discussed on the Site may not be suitable for all investors and are not obligations of or guaranteed by JVH or any of its affiliates. Nothing contained on the Site constitutes investment, legal, tax or other advice, nor is to be relied on in making an investment or other decision. Decisions based on the content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. The information made available to you through the Site does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by JVH. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, including the qualifications necessary to become an investor. You agree that JVH is not liable for any action you take or decision you make in reliance on any content. JVH will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
The Site is intended solely to provide information regarding JVH’s potential financing capabilities for prospective portfolio companies. The information provided on the Site, including information regarding JVH’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer to sell, a solicitation of an offer to sell or sale of any security or investment product or investment advice. JVH does not solicit or make its services available to the public.
The portfolio company profiles and case studies provided on the Site are intended as examples that clarify and typify JVH’s investment approach, and are not an exhaustive catalogue of JVH investments. They may not be representative of JVH’s investments. The companies were not selected based on the return of JVH’s investment therein. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. The investment characteristics reflected herein may not be indicative of future investment characteristics and there can be no assurance that JVH’s future investments will have comparable characteristics. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results. For a full list of all JVH investments, please see “Portfolio.”
Information provided herein, including information obtained from third party sources, reflects JVH’s views as of a particular time and not as of any future date. Such information will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or change occurring after such information has been provided. While JVH has used reasonable efforts to obtain information from reliable sources, any use of information, assumptions or analyses from third party sources does not imply that JVH has independently verified or otherwise agrees with such assumptions, analyses or figures and JVH makes no representations or warranties as to the accuracy, reliability, or completeness of any third party information presented herein. The information provided herein does not purport to be comprehensive. It has been prepared solely for informational purposes and is directed to customers and counterparties of these portfolio companies but is not to be used by or be useful to investors or prospective investors in funds advised by affiliates of JVH. JVH, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on the Site and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request.
The Site contains “forward-looking statements” which reflect our current views with respect to future events, future financial performance, strategies, expectations, competitive environment and regulation. You can identify these “forward-looking” statements by the use of words such as “will,” “may,” “should,” “could,” “would,” “predicts,” “potential,” “continue,” “expects,” “anticipates,” “future,” “intends,” “plans,” “believes,” “estimates,” “projects,” “targets,” “outlook,” “seek,” “approximately,” or the negative version of these words, or other similar words, as well as use of the future tense. All statements other than statements of historical fact are, or may be deemed to be, forward-looking statements. Forward-looking statements are not intended to be guarantees of future performance and are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
3. Linked Sites
Any links to other websites are not intended as referrals or endorsements of the websites’ owners, but are provided only for convenience and informational purposes. Your use of any information obtained from such addresses is voluntary, and it is your responsibility to confirm its accuracy, completeness, efficacy, and timeliness.
4. Transmission to and from the Site
Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and JVH will be free to use, disclose, modify, reproduce and distribute it (and allow others to do so) for any purpose without compensation to you.
5. International Use
The Site is operated and controlled by us in the United States. Despite the global nature of the Internet, JVH makes no claims that the Content or the Site are appropriate or may be viewed or used in every jurisdiction worldwide. Access to the Site from countries or territories where such access is illegal is prohibited. JVH makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do soon their own initiative and are responsible for compliance with local laws, rules and regulations.
6. Limitation of Liability and Disclaimers
JVH and its employees, agents, directors and investors (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, security, freedom from viruses or malware, timeliness, or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis.
In no event shall JVH or its Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages (“Damages”), arising out of or in connection with any access to or use of (or inability to use) the Site, or any Content therein, including Damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action, or any content obtained through use of the Site. This is true even if JVH has been advised of the possibility of such damages or losses.
While we use reasonable efforts to obtain information from reliable sources, JVH does not warrant that the information in this Site is accurate, reliable, complete, or correct, or that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”. We also endeavor to protect your personally identifiable information, and use technical, administrative and physical methods to maintain the integrity and security of our databases. Please be aware though that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
7. Governing Law and Forum
8. Class Action Waiver
You agree that if any dispute should arise between you and JVH, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
10. How to Contact Us
call us at 559-917-3207, or write to us at Jay Virk, Jay Virk Holdings, 1050 Shaw Ave., Ste. 1053. Clovis, CA 93612.
The information made available to you through this website does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by Jay Virk Holdings (“JVH”) or its affiliates. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, , including the qualifications necessary to become an investor. This website does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. JVH, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on this website and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request.
This website is intended solely to provide information regarding JVH’s potential financing capabilities for prospective portfolio companies. The information provided on this website, including information regarding JVH’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. JVH does not solicit or make its services available to the public.
The portfolio company profiles and case studies provided on this website are intended as examples that clarify and typify JVH’s investment approach, not as an exhaustive catalogue of JVH investments. The companies were not selected based on the return on JVH’s investment in them. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results.
Information provided reflects JVH’s views as of a particular time. Such views are subject to change at any point and JVH shall not be obligated to provide notice of any change. While JVH has used reasonable efforts to obtain information from reliable sources, we make no representations or warranties as to the accuracy, reliability, or completeness of third party information presented herein. Any third party trademarks appearing herein are the property of their respective owners. At certain places on this website, live ‘links’ to other Internet addresses can be accessed. JVH does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites. Any links to other sites are not intended as referrals or endorsements, but are merely provided for convenience and informational purposes. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.