Terms and Conditions
The website located at www.peloruscapitalgroup.com (the “Website”) is owned by Pelorus Capital Group, LLC (“Pelorus Capital Group,” “we,” “our,” “us”). Please read these terms and conditions of use (“Terms and Conditions”) carefully before using this Website or any of the information or services provided in connection with the Website. By using the Website, you acknowledge that you have read and understood these Terms and Conditions and agree to be legally bound by them. If you do not agree to these Terms and Conditions, you are not an authorized user of the Website or any of the information or services provided in connection with the Website and should immediately terminate all use thereof. The terms “you” and “your” mean you and any entity you may represent in connection with the use of the Website. These Terms and Conditions are in addition to any other agreements between you and Pelorus Capital Group or any of its affiliates.
We reserve the right to change, modify, add or remove portions of these Terms and Conditions at any time and from time to time. We recommend that you refer to these Terms and Conditions periodically for changes. The Terms and Conditions may be accessed from a link at the bottom of the pages of the Website. Any changes to the Terms and Conditions will be effective immediately upon posting on the Website. You acknowledge that, by using the Website, after we post changes to these Terms and Conditions, you agree to be legally bound by these Terms and Conditions as changed.
These Terms and Conditions were last updated on June 26, 2023.
Access to Website and Content
Pelorus Capital Group reserves the right, in its sole discretion, to withdraw access to or modify any of the information, tools, content or services (the “Content“) provided in connection with this Website at any time without providing notice to you. All Content is presented as of the date published or indicated and may become inaccurate or stale as a result of subsequent market events or for other reasons. Although Pelorus Capital Group endeavors to provide accurate and timely Content, Pelorus Capital Group does not guarantee or ensure the accuracy, completeness, currency or authenticity of any Content or functionality, or transmission of any Content from this Website to you and specifically disclaims any duty to update or correct any Content. Pelorus Capital Group shall not be liable for damages of any kind arising out of or in connection with the use of this Website. Pelorus Capital Group may withdraw access to or modify any of the loan products and services described on this Website at any time without providing notice to you.
The Content on this website, except where otherwise stated (including but not limited to all logos, text, graphics, images, video and audio, data compilations, software, and the design, selection and arrangement thereof), are owned by Pelorus Capital Group, its affiliates, members, licensors or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By accessing this Website, you acknowledge and agree that you are permitted to view and download the material on this website for your informational or internal personal use only. You do not acquire any ownership rights by downloading or viewing any material on this Website. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage or alter the appearance of any materials from this Website. Any unauthorized use of Content violates the intellectual property rights of Pelorus Capital Group and may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Any use or attempted use of the Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden or impair any server or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Pelorus Capital Group to be made accessible to a user by hacking or any other means, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Pelorus Capital Group, or (vii) for any use other than the purpose for which it was intended, is prohibited.
In addition, users and visitors of the Website may not, without Pelorus Capital Group’s express prior written approval:
- copy, modify or display Pelorus Capital Group’s name or logo, or any text, graphic images or other Content;
- redeliver any of the pages, text, images or other Content using “framing” technology;
- use devices (including software) that are designed to provide repeated automated access to the Website other than any made generally available by Pelorus Capital Group;
- deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor the Website, provided that generally available third-party web browsers may be used without Pelorus Capital Group’s authorization;
- include “Pelorus Capital Group”, the name of any Pelorus Capital Group personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship or endorsement between any user and/or site and Pelorus Capital Group;
- collect or store personal data about other users of the Website;
- upload, email or otherwise transmit to the Website any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware of file communications equipment that is owned, leased or used by Pelorus Capital Group;
- resell or provide commercial use of the Website or the Content, or create any derivative use of the Website or the content therein;
- make use of any data mining, robots or similar data gathering and extraction tools; or
- reproduce, duplicate, copy, sell, resell, visit or otherwise exploit for any commercial purpose the Website.
Pelorus Capital Group reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. Pelorus Capital Group may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Pelorus Capital Group Privacy Notice, Pelorus Capital Group reserves the right at all times to disclose any information as Pelorus Capital Group deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pelorus Capital Group’s sole discretion.
Transmissions to and from this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure or confidential. Pelorus Capital Group makes no representation whatsoever concerning the security or confidentiality of your electronic communications and specifically makes no representation that any electronic communications transmitted to this Website will be received by Pelorus Capital Group. Subject to our Privacy Notice any electronic communications you transmit to this Website, including, but not limited to, data, questions, comments or suggestions, will be treated by Pelorus Capital Group as nonconfidential and nonproprietary. Any such communications, including any ideas, concepts, know-how or techniques contained therein, may be used by Pelorus Capital Group for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You hereby waive all rights to any claim against Pelorus Capital Group for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with electronic communications you transmit to this Website.
Pelorus Capital Group controls , operates and services the Website from its offices within the United States. The services and products described and information provided through the Website are directed to and are intended to be made available only to persons in the United States and are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Pelorus Capital Group or any of its affiliates or their products or services to any registration or filing requirement within such jurisdiction or country. Persons who access the Website do so on their own initiative and are responsible for compliance with all applicable local laws and regulations.
No Offer or Advice
You acknowledge that the content of this Website is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other products or services or promise to undertake or solicit business and may not be relied upon in connection with any offer or sale of securities or other products or services. An offer to sell securities will be made only through a final private placement memorandum, subscription agreement, and other related documents and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. Past performance does not guarantee future results. Pelorus Capital Group makes no representations that any information provided via this Website is accurate, current or complete. You are solely responsible for evaluating the risks and merits regarding the use of this Website and any services provided herein.
Pelorus Capital Group does not utilize this Website to provide investment or other advice, and nothing on this Website is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.
Forward Looking Statements
The contents of this Website may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates and projections about the cannabis industry, the economy, the capital markets, Pelorus Capital Group itself and its business and products. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, any forward-looking statement speaks only as of the date on which such statement is made, and Pelorus Capital Group undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or circumstances or otherwise.
Contents of this Website — DISCLAIMER
THE MATERIALS IN AND ON THIS WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS AND ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PELORUS CAPITAL GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PELORUS CAPITAL GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER ITS RESPECTIVE DATE. PELORUS CAPITAL GROUP UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.
PELORUS CAPITAL GROUP MAY ESTABLISH HYPERTEXT LINKS BETWEEN THIS WEBSITE AND ONE OR MORE WEBSITES OPERATED BY UNAFFILIATED THIRD PARTIES. PELORUS CAPITAL GROUP HAS NO CONTROL OVER ANY SUCH LINKED WEBSITES AND IS NOT RESPONSIBLE FOR THE CONTENTS THEREOF OR THE PRODUCTS AND SERVICES DESCRIBED THEREIN. PELORUS CAPITAL GROUP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. PELORUS CAPITAL GROUP PROVIDES THESE LINKS TO YOU ONLY AS A CONVENIENCE. THE EXISTENCE OF ANY SUCH LINKS SHALL NOT CONSTITUTE AN ENDORSEMENT OF, OR REPRESENTATION OR WARRANTY BY PELORUS CAPITAL GROUP REGARDING, SUCH LINKED WEBSITES, THE CONTENTS THEREOF, THE PRODUCTS AND SERVICES DESCRIBED THEREIN OR THE OPERATORS THEREOF. PELORUS CAPITAL GROUP SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF SUCH LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY SUCH LOSS OR DAMAGE RESULTING FROM ANY HARMFUL COMPONENTS OF OR INACCURACIES IN THE CONTENT OF SUCH LINKED WEBSITES. YOUR ACCESS TO AND USE OF SUCH LINKED WEBSITES IS GOVERNED BY THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH LINKED WEBSITES AND SHALL BE AT YOUR OWN RISK. PELORUS CAPITAL GROUP DISCLAIMS ALL RESPONSIBILITY FOR THE PRIVACY POLICIES AND CUSTOMER INFORMATION PRACTICES OF SUCH LINKED WEBSITES.
Operation of this Website — DISCLAIMER
PELORUS CAPITAL GROUP ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, PELORUS CAPITAL GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PELORUS CAPITAL GROUP MAKES NO WARRANTY THAT (I) THE OPERATION OF THIS WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PELORUS CAPITAL GROUP OR ITS MANAGERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR USE OR ATTEMPTED USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR OTHER LOSSES), EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR PELORUS CAPITAL GROUP OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. FOR THE AVOIDANCE OF DOUBT, PELORUS CAPITAL GROUP AND ITS MANAGERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR ARISING FROM OR IN CONNECTION WITH:
- ANY ERROR OR OMISSION IN THIS WEBSITE OR THE CONTENT AND FOR THE USE OR INTERPRETATION THEREOF;
- ANY DELAY, TERMINATION, FAILURE, DEFECT OR INTERRUPTION IN THE TRANSMISSION OF THIS WEBSITE OR ANY CONTENT;
- YOUR RELIANCE ON OR USE OF THIS WEBSITE OR ANY CONTENT;
- ANY ELECTRONIC REQUESTS, INFORMATION OR INSTRUCTIONS YOU SEND, OR THE INTERCEPTION BY THIRD PARTIES OF ANY ELECTRONIC REQUESTS, INFORMATION OR INSTRUCTIONS YOU SEND;
- ANY HARM CAUSED BY THE TRANSMISSION, THROUGH ACCESS OF THIS WEBSITE, OF A COMPUTER VIRUS OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, DELETE, DAMAGE, DISABLE, DISRUPT OR OTHERWISE IMPEDE THE OPERATION OF THIS WEBSITE OR OF YOUR SOFTWARE, HARDWARE, DATA OR OTHER PROPERTY;
- ANY ACT OR OMISSION OF PELORUS CAPITAL GROUP IN MAKING THIS WEBSITE OR ANY CONTENT AVAILABLE TO YOU; OR
- ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS OR USE OF THE WEBSITE OR ANY OF THE CONTENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF PELORUS CAPITAL GROUP OR WITHIN THE CONTROL OF ANY OTHER PARTY PROVIDING SOFTWARE OR SERVICES SUPPORT FOR THIS WEBSITE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL PELORUS CAPITAL GROUP’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU FOR ACCESSING THIS WEBSITE AND $50.00 USD.
As a condition of, and in exchange for, using this Website, you agree to defend, indemnify and hold Pelorus Capital Group and its managers, officers, employees and agents harmless from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including but not limited to reasonable attorneys’ fees and expenses) that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of this Website and/or the Content, your breach of the Terms and Conditions, as may be modified from time to time in Pelorus Capital Group’s sole discretion, your inability to access this Website and/or any Content, the use of any linked Websites, your reliance on any errors or omissions in this Website and/or the Content or the propagation and/or contraction of any computer virus in connection with your use of this Website and/or the Content.
Any notices to you from Pelorus Capital Group regarding this Website or the Terms and Conditions will be posted on this Website or made by e-mail or regular mail. When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
No waiver by Pelorus Capital Group of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term or provision of these Terms and Conditions at that time or a waiver of that or any other right, term or provision of these Terms and Conditions at any other time.
Whenever possible, each provision of these Terms and Conditions will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision of these Terms and Conditions in any manner or the effectiveness, validity and enforceability of such provision in any other jurisdiction.
No Partnership or Agency
None of the Content, materials, features or anything else contained on this Website creates any partnership, joint venture, employment or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
Any claim relating to this Website shall be governed by the laws of the State of California without regard to its conflicts of law principles, regardless of whether you reside in California or transact business with Pelorus Capital Group or its affiliates in California or elsewhere. If you take legal action relating to these Terms and Conditions or your use of the Website or the Content, you agree to file such action only in a California state court sitting in Los Angeles County California or the United States District Court for the Central District of California, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action relating to these Terms and Conditions or your use of the Website or the Content.
These Terms and Conditions represent the entire agreement between you and Pelorus Capital Group relating to the subject matter hereof.