Terms of Service


THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.

Website Terms of Service

Effective Date: 2018-08-01

Welcome to the Quake Capital website as operated by Quake Investment Strategies, LLC, a Delaware limited liability company, (hereinafter “Quake Capital,” “we” or “us”) at http://www.quakecapital.com (including all content under the “quakecapital.com” domain name, and referred to herein as the “Website”).  We provide the Website and the associated services, data, information, tools, software, updates and materials (altogether, the “Materials”), subject to your agreement to and compliance with the terms and conditions set forth in this document (the “Agreement”).  Please carefully read this Agreement that governs your access to and use of the Website and Materials, and that applies to all users of the Website.  If you do not agree and consent to this Agreement, please do not use the Website and/or the Materials.

INCORPORATED TERMS

The following additional terms are incorporated into this Agreement as if fully set forth herein:

• Privacy Policy

• Copyright Policy

• Complaint Policy

1. IMPORTANT NOTICES

A. By using and/or visiting the Website, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our privacy policy published at https://www.quakecapital.com/privacy-policy (“Privacy Policy”) and incorporated herein by reference.   This Agreement and Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation ("GDPR") and other applicable privacy laws.  We agree that under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and we will take commercially reasonable steps to maintain compliance with GDPR requirements.  

B. We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Website or Materials without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. You agree to review this Agreement periodically to be aware of such revisions.  Your use of the Website and/or Materials after we post of such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions.  Notwithstanding the foregoing, we will notify you via email regarding any changes in the Privacy Policy, if you have provided your email address to us.

2. LICENSE

A. As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website, and to access and receive the Materials thereon that are intended for public display or access.  Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.

B. You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Materials in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Materials other than as is necessary to use the Website or Materials for their intended purposes; and (iii) you will otherwise comply with this Agreement.

3. RESTRICTIONS

A. You agree that you will not violate any applicable law or regulation in connection with your use of the Website or Materials.

B. You agree that you will not distribute, upload, make available or otherwise publish through the Website or Materials any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages, tags or similar materials (“Submissions”) that:

• are unlawful or encourage another to engage in anything unlawful;

• contain a virus or any other similar malicious software that may damage the operation of our or another’s computers;

• infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity;

• are false, inaccurate, fraudulent or misleading; or

• are libelous, defamatory, obscene, inappropriate, abusing, harassing, threatening or bullying.

C. You further agree that you will not do any of the following:

• modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Materials;

• interfere with or disrupt the operation of the Website or Materials, including restricting or inhibiting any other person from using the Website or Materials by means of hacking or defacing;

• transmit to or make available in connection with the Website or Materials any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;

• attempt to probe, scan or test the vulnerability of the Website or Materials or to breach our security or authentication measures;

• take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;

• harvest or collect the email addresses or other contact information of other users of the Website or Materials;

• scrape or collect any content from the Website or Materials via automated means;

• submit or post false, incomplete or misleading information to the Website or Materials, or otherwise provide such information to us;

• register for more than one user account; or,

• impersonate any other person or business.

D. In addition, we reserve the right to review, edit or remove any Submissions, however, we are not required to routinely screen, monitor or review Submissions on the Website or Materials.  YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH SUBMISSIONS, AND YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.

E. You agree that you are not licensed to access any portion of the Website or Materials that we have not made public or accessible to registered users, and you may not attempt to override any security measures in place on the Website or Materials.

F. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Materials shall not be limited to violations of this Restrictions section.

4. ELIGIBILITY

A. Some parts or all of the Website or Materials may not be available to the general public, and we may impose eligibility rules from time to time.  We reserve the right to amend these eligibility requirements at any time.  You are not eligible to use the Website or Materials if doing so would violate any applicable law or regulation, including but not limited to U.S. export controls or restrictions.

B. You must be over the age of 18 to register an account on the Website or use the Materials. By registering an account or using the Materials, you represent that you meet this minimum age requirement.  In any case, you affirm that you are over the age of 13, as the Website and the Materials are not intended for use by children under 13.  If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian.  Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available to assist you in limiting access to material that is harmful to minors.  More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.

5. CREDENTIALS SECURITY

A. You understand and agree that in order to use certain functions of the Website or Materials, we may ask you to provide us with certain credentials or other login information (“Credentials”).  You are under no obligation to provide Credentials to us, however, if you do, you represent and warrant that you are authorized to provide these Credentials for use with the Materials, and that the Credentials are and will be true and accurate throughout the Term of this Agreement.  By providing your Credentials, you agree that we may store and use the Credentials in accordance with our Privacy Policy.  

B. If you are registered with a user account on the Website, you agree to keep your user name and password and/or any other Credentials needed to login to the Website or Materials confidential and secure.  You are responsible for controlling the access to and use of your account.  You understand and agree that we assume that instructions we receive from your account are authoritative, and that we should act upon such instructions.  We are not responsible for any unauthorized access to your account or profile or the ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials.

C. Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your account, we may take reasonable actions to disable or lock your account, or otherwise address your situation.

6. SUBMISSIONS MADE AVAILABLE TO US

A. You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of your Submissions. In order for us to provide the Materials to you or for promotion of our Materials, however, we require your permission to process, display, reproduce and otherwise use Submissions you make available to us.  Therefore, if you choose to submit any Submissions (including your name, likeness and other personal information) to the Website or Materials, or otherwise make any Submissions available through the Materials, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions, including without limitation distributing part or all of the Submissions in any media format through any media channels.

B. Notwithstanding the foregoing grant, as further identified in the Privacy Policy, personal data that you upload or make available for the purpose of using the Materials will only be used by us for the purpose of providing the Website and Materials to you.

C. By submitting any Submissions to us you hereby agree, warrant and represent that: (a) the Submissions do not contain proprietary or confidential information, and your provision of the Submissions does not violate any third-party’s rights; (b) all such Submissions are accurate and true, (c) we are not under any confidentiality obligation relating to the Submissions; (d) we may use or disclose the Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions.

D. You acknowledge that we are under no obligation to maintain any Submissions that you submit, post or make available to or on the Website or Materials. We reserve the right to withhold, remove and or discard any such materials at any time.

7. INFORMATION SHARED THROUGH THE MATERIALS

You understand that by sharing information on the Website or Materials, and requesting information to be sent through the Materials, you may be revealing information about yourself and/or your business that you may include or that may be generated by the Materials. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we are not responsible or liable in any way in connection with such sharing.

8. LINKS TO THIRD PARTY WEBSITES

For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services.  For example, we may provide links to social media sites (e.g., Twitter).  Except as otherwise noted, such third party websites, and such information and services are provided by organizations that are independent of us.  We do not make any representations or warranties concerning such websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites.  In addition, we cannot censor or edit the content of any third-party site.  Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers.  Any linking to or from any such off-site pages or other websites by you is at your own risk.  By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you leave the Website, and to read the agreements and privacy policy of each other website that you visit.

9. OUR INTELLECTUAL PROPERTY

A. Our graphics, logos, names, designs, page headers, button icons, scripts and service names are our trademarks, trade names and/or trade dress. The “look and feel” of the Website and Materials (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark laws.  All product names, services names, trademarks and service marks (“Marks”) are either our property or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.

B. You acknowledge that i) the software used to provide the Materials, and all enhancements, updates, upgrades, corrections and modifications to such software (the “Software”), ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and iii) all documentation therefor, are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.

C. To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Materials, or at our request.

10. TERM AND TERMINATION

A. The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Website or Materials to any user, in our sole discretion, at any time.

B. Without limiting the foregoing or assuming any additional legal obligations, we reserve the right to terminate violators of the Copyright Act, in accordance with applicable law. All rights that you grant to us herein related to Submissions shall survive any termination of this Agreement. Further, your representations, warranties and indemnification obligations herein shall survive any termination of this Agreement.

C. You may terminate this Agreement at any time by ceasing use of the Website or Materials, and by closing your account.

11. DISCLAIMERS AND LIMITATION ON LIABILITY

A. We do not represent or warrant that access to the Materials will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Materials, or their features at all times. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Materials, or any part thereof, with or without notice.

B. We do not guarantee the results of using the Materials to perform data analysis and/or other analytics.

C. Certain data displayed by the Materials rely on the receipt of underlying data from third-party sources. Such data sources may not be real-time or accurate, and there may be delays or inaccuracies in such displayed data.

D. The Website or Materials may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

E. Although we have the right to review, edit, remove or modify information from or on the Website or Materials, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.

F. The materials appearing on the Website or Materials, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, financial, investment, business or professional advice of any kind. Those accessing the materials appearing on the Materials should not act upon them without first seeking relevant professional counsel.  The materials should not be used as a substitute for consultation with a professional adviser.  You agree that we are not responsible for any financial, business or legal decisions that you may make.

G. Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in the Website or Materials, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

H. BY USING THE WEBSITE AND/OR MATERIALS YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND MATERIALS “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY.  WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND.  NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

I. USE OF THE WEBSITE AND/OR MATERIALS IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR MATERIALS AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.

J. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE MATERIALS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR MATERIALS, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

K. Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $100.00, or (2) any indirect, incidental, punitive, special, exemplary or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Materials. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

L. SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

12. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website or Materials; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; (iv) any claim that any of your Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Materials.  This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Website and/or Materials.

13. DISPUTES, GOVERNING LAW AND JURISDICTION

A. You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Materials or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

B. There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

C. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address specified in the Notice section, below.

D. Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

E. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.

F. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

G. Any dispute or alleged claim you may have with respect to your access or use of the Website or Materials must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.

H. The laws of the State of New York shall govern this Agreement.  Any arbitration shall be held in New York, New York (the “Dispute Resolution Location”).  To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Materials or us, may only be brought by you in a state or federal court located in the Dispute Resolution Location. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.

14. GENERAL

A. Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

B. Revisions. This Agreement may only be revised in a writing signed by us or posted by us to the Website or Materials. In the event that we update this Agreement, your continued use of the Website or Materials after the update shall constitute an agreement to the updated terms.

C. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Materials.

D. Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent. Any unauthorized assignment shall be null and void.

E. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

F. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.

G. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website or Materials, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

H. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Quake Capital, 85 Broad St, 28th Floor, New York, NY 10004 Attn: [CONTACT].

COPYRIGHT POLICY

If you believe in good faith that any Materials posted on the Website infringe any copyright in any work of yours, you agree to contact our “DMCA Copyright Agent” as identified below, hereby designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

• A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed;

• Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

• Information reasonably sufficient to permit us to contact you;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our DMCA Copyright Agent:

Copyright Agent

Quake Capital

85 Broad St, 28th Floor,

New York, NY 10004

COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS

If you believe in good faith that any Materials posted on the Website or accessed via the Materials infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Copyright Policy, above), or are otherwise unlawful, you agree to send a notice to info@quake.vc, containing the following information:

• Your name, physical address, e-mail address and phone number;

• A description of the Materials posted on the Website that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed;

• Identification of the location of the Material on the Website;

• If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated;

• If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief;

• A statement under penalty of perjury that you have a good faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,

• Your physical or electronic signature.

If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action.  We may disclose your submission to any entity that posted the claimed violative Materials, or any other entity as we deem appropriate.

Copyright © Quake Capital. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws.  This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

Privacy Policy

Effective Date: 2018-08-01

Welcome to the Quake Capital website as operated by Quake Investment Strategies, LLC, a Delaware limited liability company (hereinafter “Quake Capital,” “we” or “us”) at http://www.quakecapital.com (including all content under the “quakecapital.com” domain name, and referred to herein as the “Website”).  This notice (“Privacy Policy”) is included with and supplements our Website Terms of Service.  The materials that we may provide to you via the Website are referred to herein and in the Terms of Service document as the “Materials.”  This Privacy Policy explains our online information collection and use practices, and the choices you can make about the way we use such information.  It is important that you take the time to read and understand this Privacy Policy so that you can appreciate how we use your personal information.  REMEMBER IF YOU USE OR ACCESS THE WEBSITE, YOU AGREE TO THIS PRIVACY POLICY.  AS WE UPDATE THE WEBSITE OR EXPAND OUR MATERIALS, WE MAY CHANGE THIS PRIVACY POLICY UPON NOTICE TO YOU, HOWEVER, PLEASE REVIEW IT FROM TIME TO TIME.

For users that are citizens of the European Union ("EU"), this Privacy Policy is subject to the provisions of the General Data Protection Regulation ("GDPR") and other applicable privacy laws.  In such case, we agree that under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”  We will take commercially reasonable steps to maintain compliance with GDPR requirements.   Your Personal Data may identify you as a person, and thus is often referred to as Personally Identifiable Information ("PII").

1. Who Collects Your Information On Our Website?

We do.  Under the GDPR, we are known as the “Controller” of the Personal Data that you provide to us. We collect information from you on the Website, and we are responsible for protection of your information.  

2. What Information Do We Collect?

A. Requested Information.   On various pages on the Website, we may request specific PII about you in order to register you for an account to use our Materials, add you to our email list, or fulfill your requests for information.  You may choose not to provide your PII, but then you might not be able to take advantage of some of the features of our Website and Materials.  We only collect basic personal data about you that does not include any special types of information (e.g., health-related) as defined in the GDPR.  The types of personal information we collect and save include:  

• Contact and account registration information such as name, email address, physical address, phone number, business name, business URL, and type of industry;

• Information that you provide in using our Materials, such as information about your clients or customers, their addresses, financial information, and similar content you process through the Materials;

• Information you provide such as feedback, comments or other messages;

• Technical information collected in our logs (to include standard web log entries such as your IP address, page URLs and timestamp); and

• Device information such as mobile phone provider associated with the device you are using to access the Website or Materials, your device’s unique identifier, the type of device and its operating system, the pages or features accessed most frequently, calls and messages placed through the Website or Materials, how pages or features of the Materials are used, search terms entered, and similar analytics about use of the Website or Materials.

B. Aggregate Information.  We may also collect anonymous, non-identifying and aggregate information such as the type of browser you are using, device type, the operating system you are using, and the domain name of your Internet service provider.

3. Why Is My Information Being Collected?

We need to collect your personal information so that we can respond to your requests for information and services, add you to our emailing lists, and process your requests for access to our Materials.  We also collect aggregate information to help us better design the Website.  We collect log information for monitoring purposes to help us to diagnose problems with our servers, administer the Website, calculate usage levels, and otherwise provide services to you.  

4. How Do We Use the Information We Collect?

A. We use the personal information you provide for the purposes for which you have submitted it including:

• Responding To Your Inquiries and Fulfilling Your Requests.  We may use your PII to respond to your inquiries and to fulfill your requests for information.

• Creating and Maintaining Your User Account.  We use your PII to create and maintain an account for you to allow you to use the Materials we make available on the Website.

• Communicating With You About Our Services.  We may use your PII to send you information about our services and other items that may be of interest to you.

• Sending Administrative Emails.  We may use your PII to send you emails to: (a) confirm your account and your other PII, (b) provide you with information regarding the Website, or (c) inform you of changes to this Privacy Policy, our Terms of Service, or our other policies.

B. We may use anonymous information that we collect to improve the design and content of our Website, and to enable us to personalize your Internet experience.  We also may use this information in the aggregate to analyze how our Website is used, analyze industry trends, as well as to offer you programs or services.  

5. Do We Share Your Personal Information?

In general, we will not share your personal information except: (a) for the purposes for which you provided it; (b) with your consent; (c) as may be required by law (e.g., in response to a court order or subpoena, or in response to a law enforcement agency request); (d) as we think necessary to protect our organization or others from injury (e.g., when we believe that someone is causing, or is about to cause, injury to or interference with the rights or property of another); or (e) on a confidential basis with persons or organizations with whom we contract to carry out internal site operations or as necessary to render the Materials.  With your knowledge and consent, we may share your personal information with our business partners.  We may also share aggregate information with others, including affiliated and non-affiliated organizations.  Finally, we may transfer your personal information to our successor-in-interest in the event of an acquisition, sale, merger or bankruptcy.

6. Are There Other Ways My Personal Data Could Be Shared?

You may elect to share certain personal information with individuals or with the public via your use of the Website.  In this case, you will control such sharing via settings that we provide.  For example, the Website may make it possible for you to publicly share information via social media such as Facebook or Twitter.  Be aware that when you choose to share information with friends, public officials, or with the public at large, you may be disclosing sensitive information, or information from which sensitive information can be inferred.  Always use caution when sharing information through the Website. You understand and agree that we are not responsible for any consequences of your sharing of information through and beyond the Website.

7. How Can You Access and Control Your Information?

After registering for an account on the Website, you may log-in to the account and edit your personal information in your profile.  For instructions on how you can further access your personal information that we have collected, or how to correct errors in such information, please send an e-mail to info@quake.vc.   We will also promptly stop using your information and remove it from our servers and database at any time upon your e-mail request.  To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access, making corrections or removing your information.

8. How Do We Store and Protect Your Information?

A. After receiving your personal information, we will store it on our Website systems for future use.  We have physical, electronic, and managerial procedures in place to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect.  Unfortunately, no data transmission or data storage solution can ever be completely secure. As a result, although we take industry-standard steps to protect your information (e.g., strong encryption), we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our service providers' systems.

B. If you are visiting the Website from outside of the USA, you understand that your connection will be through and to servers located in the USA, and the information you provide will be securely stored in our web servers and internal systems located within the USA.

C. We store personal information for as long as reasonably required for its purpose. Account information is deleted when you or when we delete your account. We may store information longer for legitimate business reasons (for example, personal information may remain in backups for a reasonable period of time), or as legally required.  Otherwise, we store your personal information until you request us to remove it from our servers.  We store our logs and other technical records indefinitely.

9. How Do We Use Cookies And Other Network Technologies?

A. To enhance your online experience with us, our web pages may presently or in the future use "cookies."  Cookies are text files that our web server may place on your hard disk to store your preferences.  We may use session, persistent, first-party and third-party cookies.  Cookies, by themselves, do not tell us your e-mail address or other PII unless you choose to provide this information to us.  Once you choose to provide PII, however, this information may be linked to the data stored in a cookie.  You can set your browser to notify you when you receive a cookie, providing you with as much control as you wish as to the decision to accept/reject the cookie, and deletion of the cookie upon leaving our Website.  Please note, however, that if your browser does not accept cookies, you may not be able to take advantage of all of the features of our Website.

B. We or our service providers may also use "pixel tags," "web beacons," "clear GIFs," “embedded links” and other commonly-used information-gathering tools in connection with some Website pages and HTML-formatted email messages.  We use these tools for such purposes as compiling aggregate statistics about Website usage and response rates.  A pixel tag is an electronic image (often a single pixel), that is ordinarily not visible to website visitors, and may be associated with cookies on visitors’ hard drives.  Pixel tags allow us and our service providers to count users who have visited certain pages of the Website, to deliver customized services, and to help determine the effectiveness of our Website and Materials.  When used in HTML-formatted email messages, pixel tags can inform the sender of the email whether and when the email has been opened.

C. As you use the Internet, you leave a trail of electronic information at each website you visit.  This information, which is sometimes referred to as "clickstream data”, can be collected and stored by a website's server.  Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Website.  We may use clickstream data as a form of non-PII to determine how much time visitors spend on each page of our Website, how visitors navigate through the Website, and how we may tailor our web pages to better meet the needs of visitors.  We will only use this information to improve our Website.

D. At this time, the Website and Materials do not specifically respond to do-not-track signals.

10. Collection of Information by Others

We provide links to certain third party websites that you may click-on from our Website.   Please check the privacy policies of these other websites to learn how they collect, use, store and share information that you may submit to them or that they collect.

11. Children and Young People’s Information

We do not knowingly collect any information from any minors, and we comply with all applicable privacy laws including the GDPR, USA Children's Online Privacy Protection Act (“COPPA”) and associated Federal Trade Commission (“FTC”) rules for collecting personal information from minors.  Please see the FTC's website (www.ftc.gov) for more information.   Our Website will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws, without consent of a parent or guardian.  In the event that we discover that a child under the age of 13 has provided PII to us without parental consent, we will make efforts to delete the child’s information in accordance with the COPPA.  If you have concerns about this Website or its Materials, wish to find out if your child has accessed our Materials, or wish to remove your child's personal information from our servers, please contact us at info@quake.vc.

12. California Privacy Rights

California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their PII to third parties. To make such a request, please contact us at info@quake.vc.  Please include enough detail for us to locate your file; at a minimum, your name, email and username, if any.  We will attempt to provide you with the requested information within thirty (30) days of receipt.  We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing.  Our disclosure only includes information covered by the law.

13. Changes to this Policy

Because our business needs may change over time, we reserve the right to modify this Privacy Policy.  If at any time in the future we plan to use your PII in a way that differs from this Privacy Policy, we will revise this Privacy Policy as appropriate.  In the event of a change to our Privacy Policy, we will email the updated policy to the email address that you provided to us.  Your continued use of the Website following our notice of changes to this Privacy Policy means you accept such changes.

14. Our Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us via e-mail at info@quake.vc.

Copyright ©Quake Capital. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws.  This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

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