Last updated: April 23, 2024
Our Terms of Use Were Recently Updated. Please Review Carefully.
Throughout our Website Terms and Conditions, Backbone Funder LLC (“BBF”) together with its affiliates is referred to as “Backbone” or “BBF” or “we” or “our” or “us”. The following terms and conditions of use (“Terms and Conditions”) govern your use of our Website. By viewing, accessing, or using the content, material, or services we make available on or through Backbone Website (“Website”), you agree to and accept the following terms and conditions of use as set forth hereunder before using the Website as the Terms of Use constitute a legally binding contract between you and Backbone. Terms and Conditions govern your access and use of the Website and of the Content (as defined below) and the services and functionality made available on or through the Website (collectively, the“Services”) whether as a guest or a registered user. By browsing, accessing, or otherwise using the Services in any manner, you hereby accept, without limitation or qualification, (1) the Terms of Use and (2) the Privacy Policy for the Website (the “Privacy Policy”). If you do not agree to these Terms and Conditions, you do not have permission to use our Website and must leave immediately.
Backbone may revise our Terms and Conditions at any time. Such changes are effective immediately upon posting to our Website.Please regularly check this page to review the updates to our Terms and Conditions. Our Terms and Conditions delineate the relationship between Backbone and persons, companies, or other legal entities (collectively “you” or “your” or “User”) collectively the users of the Website. By using such Services, you agree to be bound by our Terms and Conditions and you also accept our Terms of Use described herein. Contact us if you have any questions at info@backbonefunder.com
1. Terms of Use
1.1 Our Terms of Use governs your access to and use of our Website Services. By using our Services in any manner, you also accept our Privacy Policy, which can be viewed at www.backbonefunder.com/privacy
Any personal information that you provide to Backbone on our Website is subject to our Privacy Policy which is incorporated into our Terms and Conditions by reference as if set forth fully herein. Please read our Terms and Conditions and our Privacy Policy carefully.
1.2 You are not under the age of eighteen. You may use our Services only if you can form a binding contract with us and only as permitted by law. You are not allowed to use our Services if you are a person under the age of eighteen (18). Additional eligibility requirements may apply to some Services and Backbone will notify you of those requirements in our Terms and Conditions or otherwise in connection with those Services.
1.3 You are authorized to bind that company or other entity. If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to our Terms and Conditions, in which case the terms “you” and “your”in our Terms and Conditions will refer to that entity.
1.4 Use of your own equipment. You agree that at your own cost it is your responsibility for providing any equipment (such as computers or mobile devices) and network access necessary for you to use our Services or communicate with us.
1.5 Prohibited activities. You agree that any commercial or promotional distribution, publication or exploitation of our Website or any Website Content is strictly prohibited unless you have received the express prior written permission of Backbone.
2. Security of your username/password.
2.1 You shall maintain your password in strict confidence. In no event shall you share your password with any third party or allow another person to access your Backbone User Account using your password. You shall immediately notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You shall immediately report any unauthorized or suspicious activity involving your Backbone User Account. You are fully and solely responsible for any and all use of the Services using your username and password. We reserve the right to revoke or deactivate your username and password if you violate the Terms of Use.
2.2 Your account confidentiality. Your account responsibilities are to maintain the confidentiality of your account password and for all your account activities. As an account holder you are responsible for notifying us immediately of any suspected or known security breach of your account or password or any unauthorized access to or use or other breach of security on our Website.
2.3 Your account is non-exclusive and non-transferable. Backbone gives you permission to register for a Backbone User Account and use our Services under the Service Terms. Such registration is non-exclusive and non-transferable. You do not have our permission to rent, sell, lease, sublicense or otherwise transfer your Backbone account or give access to or use of our Services, to any third party.
2.4 You consent to receive our communications. When you register for a Backbone User Account you consent to receive communications from us electronically (“Communications”), and you agree that we may send you updates, notices and information on or about our Services via email and/or messaging. You agree that all agreements, notices, disclosures, and other Communications satisfy any legal requirements for Communications to be in writing. You also agree that all Communications will be considered received by you on the day that we send them.
2.5 Subscription to communications. If you register for a Backbone User Account or otherwise provide us with messaging numbers or email addresses that you provided to us, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any Communications we send to you. If at any time you would like to withdraw your consent to receive our Communications, please use the "unsubscribe" button on the email or contact us at info@backbonefunder.com. You understand and agree that if you withdraw consent, you may not be able to participate in all Services offered.
3. Using Backbone content and services.
3.1 Description of Content. Our Website contains a wide variety of Content (defined below) proprietary to Backbone and its affiliates. “Content” includes, but is not limited data, files, documents, software, layout, design, to text, function, graphics, images, audio, videos, and any other materials that you may view, access or download.
3.2 Restrictions on Your Use of Content. You may access and use Content solely for your information and personal, non-commercial use, as intended through the provided functionality of the Services and permitted under this User Agreement. Any modification of the Content, use of the Content on any web Website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of Backbone or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited.
3.3 You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Website. You shall not download any Content unless you see a “download” or similar link displayed by us on the Website for such Content.
3.4 You agree that you are responsible for your own conduct while using the Website or Services and for any consequences thereof. 3.4 You agree to use the Services only for purposes that are legal, proper and in accordance with this User Agreement, and any applicable law, rules or regulations.
4. No Responsibility Disclaimer
4.1 The information on the Website is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
4.2 The information contained on the Website is for general information purposes only. We are not licensed or registered as a securities broker or dealer, investment adviser or funding portal with the U.S. Securities and Exchange Commission or any similar regulatory entity of any country or state. Nothing on this website constitutes an offer or solicitation to sell, buy or subscribe to any securities in any country or jurisdiction, and nothing in it is intended as investment advice. We recommend that you consult with a professional consultant before making investment decisions.
5. External Links
5.1 The Website may contain (or you may be sent through the Website) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH OUR WEBSITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6. ProprietaryRights
6.1 You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Backbone or other parties that have licensed their material to Backbone, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Backbone or such third-party that owns the Content. All rights not expressly granted herein by Backbone and/or its licensors to you are reserved by Backbone and/or its licensors.
6.2 As between you and Backbone, Backbone owns, licenses and retains exclusively, all our all rights, title and interest in and to Backbone Website, proprietary E-commerce Platform and Services including but not limited to compilation of our Website content and/or collective work is protected under U.S. and international copyright laws, trademark laws, and/or other proprietary rights and laws.
6.3 Our ownership includes but is not limited to all data, content, functionality, structure, methodologies, information, computer code, software and software concepts, graphics, forms, documentation, artwork, images, photographs, designs, written materials, publications, PDFs, emails we send you, text, descriptions, biographies, blogs, articles, media, audio, animations, giffs, video, and all other material on, in or made available through our Website Services including content licensed from a third party by Backbone (collectively “Backbone Content”).
6.4 Our ownership also includes the coordination, organization, selection, arrangement, and enhancement of our Website Content. Our proprietary rights include but not limited to all copyrights, trademark rights, patent rights, database rights, moral rights and any other intellectual property and proprietary rights herein.
6.5 Under no circumstances will you have any intellectual property and proprietary rights of any kind in or to Backbone Website or the Website Content.
6.6 The names, titles, trademarks, service marks, logos, favicon, that appear on the Website, including without limitation“Backbone” or “Backbone Channel” or “Backbone Platform” or “BBEX” are trademarks (“Trademarks”) of our Website. You may not use the Trademarks without our prior written permission.
6.7 We may periodically have trademarks of third parties on our Website and as with all other trademarks on our Website you may not use these trademarks without prior written permission of their respective owners.
6.8 You acknowledge and agree that nothing on our Website grants or may be construed to mean to grant any right or license to use any Trademarks including any third-party trademark owner.
6.9 You are strictly prohibited from any commercial exploitation of any image or other Website Content including reproducing, distributing, adapting, modifying, translating, creating derivative works from, publishing or otherwise using any Website Content in anyway without express prior written permission from us or where applicable the appropriate third-party rights holder.
6.10 We reserve all rights not expressly granted to you in these Terms and Conditions.
7.International Use
7.1 Our Services are based in the United States, and we do not represent or warrant that our Services will be appropriate or available for use outside the United States.
7.2 If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software. If you are located in the EU, please refer to our Privacy Policy regarding the transfer of data from the EU to the United States.
7.3 You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.Right not to sell to certain individuals or entities.
8. Unauthorized Activities
8.1 By using Backbone Website you agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
i. create a false or misleading Backbone account or User profile with inaccurate or untrue information;
ii. use ourServices or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
iii. collect information about Users (including email addresses) or send marketing email or other promotional communications to our Users without their consent;
iv. access our Services by any means other than the interface and instructions that we provide; v. access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
vi. breach, disable or circumvent any security or authentication measures on or in connection with our Services;
vii. interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (in our sole estimation) an unreasonable or disproportionately large load on our servers or systems;
viii. decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
ix. adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
x. You will not to remove or alter any copyright notice or any other proprietary notice on any Website Materials, not to remove, copy, photographs or images for any purposes privately or for sharing;
xi. use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
xii. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;
xiii. mirror, frame or display any part of our Services on any other Website or else where without our express prior written permission;
xiv. use any meta-tags or other hidden text or metadata containing any Backbone trademark, service mark, product name, or URL without our express prior written permission;
xv. use any Backbone trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
xvi. use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Backbone trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
xvii. remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.
9. Other Websites and Services
9.1 Our Services may include links and features that enable you to access other Websites or services, and other Websites or services may include links to our Services. Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such Websites or services, or any information, materials, goods or services on or available from any such Websites or services.
9.2 You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such Websites or services, or any information, materials, goods or services on or available from any such Websites or services.
9.3 You acknowledge and agree that the BackboneParties (defined below) are not responsible and will not be liable for: (i) the accuracy or availability of any such Websites or services; or (ii) any information, materials, goods or services on or available from any such Websites or services.
9.4 Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our GoogleMaps/Earth API implementation, you agree to Google's terms of use and privacy policy as amended by Google from time to time.
9.5 You are solely responsible for reviewing any terms of use and/or privacy policies of any other Websites or services to which we may link, and we assume no liability for the information contained therein.
10. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TOAND USE OF OUR SERVICES IS AT YOUR OWN RISK, AND THAT OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TOOUR SERVICES OR ANY CONTENT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT,AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH BACKBONE AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE "BACKBONE TEAM") EXPRESSLY DISCLAIM TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE BACKBONE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT OUR SERVICES OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, ACCESSIBLE,UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, COMPLETE, FREE OF ERRORS, SAFE,SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE USE OF OUR SERVICES IN ANY WAY WILL GIVE RISE TO ANY SPECIFIC RESULTS.APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
If the use of our Services results in the need for servicing or replacing any equipment or data, the Backbone will not be responsible for those costs or losses, and we urge you to back up your data at all times.
No advice or information (whether oral or written) obtained from the Backbone, or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us. The Website, the Website Material, User Content and materials on, in, and made available through the Website, and the services, products, information and other materials on and in and made available through the Website, are made available “as is” and “with all faults.”
Backbone, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any User Content, Website Material, links, advertisements or other items contained within the Website.
Backbone reserves the right to immediately remove any User Content or Website Material for any reason or for no reason. Backbone cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Website Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion.
Use of the Website is entirely at your own risk.
Backbone and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Website, the Website Material, User Content, the services, products, information and other materials on and in and made available through the Website, but, although not obligated to, may review, verify, make changes to or remove any Website Material, User Content, the Website or the products or services made available in connection with the Website with or without notice in its sole discretion. Use of the Website is entirely at your own risk.
Backbone and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Website, the Website Material, User Content, the services, products, information and other materials on and in and made available through the Website, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness fora particular purpose, quality, title, and non infringement.
11. Indemnification
You shall indemnify Backbone and its members, managers, directors, officers, employees, agents, contractors and licensors(“Gallery Indemnitees”) against all claims, actions, suits, and other proceedings(“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of theWebsite, the Website Material, User Content, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to Backbone), or any breach by you of these Terms and shall indemnify and hold Backbone Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You shall indemnify Backbone and its members, managers, directors, officers, employees, agents, contractors and licensors(“Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Website Material, User Content, the services, products, You shall indemnify Backbone and its members, managers, directors, officers, employees, agents, contractors and licensors (“Gallery Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Website Material, User Content, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to Backbone), or any breach by you of these Terms and shall indemnify and hold Backbone's Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims.
12. Limitation of Liability
You understand and agree that Backbone uses commercially reasonable efforts to display the colors of our Products accurately via the Services. However, because individual computer monitors may display colors differently, Backbone is not responsible for the color accuracy of any Products displayed on its Website, and disclaims all liability in this regard. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Backbone and Content remains with you. Neither Backbone nor any other party involved in creating, producing, or delivering the Services, Backbone Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Backbone Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom youcommunicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Backbone has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
13. Complaint Procedures
If you believe that any content or postings on this Website violates your intellectual property or other rights, pleases end to Backbone at info@backbone.stellarsllc.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
14. Governing Law and Jurisdiction
These Terms (together with the Privacy Policy) represent the entire agreement between you and Backbone with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the State of Delaware; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
15. Miscellaneous
The Website is not intended for children under the age of 18. The Website is controlled and operated from within the United States. Without limiting anything else, Backbone makes no representation that the Website, Website Materials, User Content, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. The waiver or failure of Backbone to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.
16. Changes To Our Services
Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.
17. Changes To These Terms
Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion. All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms. By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.