Website Terms of Use & Privacy Policy

Terms of Use

Last Updated: June 10, 2020

Welcome to the Preccelerator Program, LLC’s (“the Preccelerator”, “we”, or “us”) website (the “Website”).  The Preccelerator is a limited liability company organized under the laws of the State of Delaware.  The following terms and conditions (the “Terms”) govern your access to and use of the Website, including any content, functionality, and services offered through it.

  1. This is a Binding Contract.

Please read these Terms carefully.  By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy found at preccelerator.com/website-terms, which are incorporated into these Terms by reference.  By visiting or interacting with this Website, you are agreeing to these Terms.  If you do not agree to these Terms (or the Privacy Policy), you must not access or use the Website.

If you are accessing or using this Website on behalf of, or for the benefit of, any corporation, partnership, or other entity (an “Organization”), then you agree to these Terms of behalf of both yourself individually and the Organization.  You also represent and warrant that you have legal authority to bind the Organization to these Terms.

The terms “you” and “your” used in these Terms refer to an individual using this Website and any Organization.

  1. Changes

The Preccelerator may change or amend these Terms from time to time.  We will post a notice on the Website any time these Terms have been amended.  It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately cease using the Website.  By continuing to use the Website, you accept any changes made to these Terms.

  1. Informational Purposes Only

The Preccelerator hereby grants you a nonexclusive license to download and display the Website, and to reproduce the content located thereon, in each case solely for your personal, non-commercial use. Kronenberger Rosenfeld provides the Website for informational purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE OR OPINION. This Website is not intended as advertising or solicitation in any jurisdiction where the site would be so characterized, and thereby fail to comply with all applicable laws and ethical rules of that jurisdiction.

We may from time to time, directly or indirectly, provide links to or accept links from websites of other parties for convenience. We do not control or maintain the material presented by other persons in their websites. The inclusion of any link on our website does not imply any association or relationship between The Preccelerator and the person sponsoring the linked site and does not constitute or imply any endorsement, approval or sponsorship of the linked site by Preccelerator. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of material presented directly or indirectly in linked sites. If you use any of these links, you may leave our site.

  1. Intellectual Property

All materials and information, including text, images, logos, etc. (the “Content”), and intellectual property, including copyrights, trademarks, service marks, trade names, and trade dress, contained on this Website belong to the Preccelerator or its affiliates.  The Preccelerator grants you a license to download and view the Content for personal, noncommercial purposes.  If you would like to use any Content for commercial purposes, please contact us to request permission.

The Preccelerator name, logo, and related designs (the “Preccelerator Intellectual Property”) are trademarks that belong to the Preccelerator.  You must not use the Preccelerator Intellectual Property without prior written permission from us.  The Website displays certain third-party trademarks to identify the owners of those marks.  Use of any third-party trademark is for identification purposes only and is not intended to imply any association between the trademark owner and the Preccelerator.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Preccelerator to delete, edit, or disable the material in question, you must provide Preccelerator with all of the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act) to our designated copyright agent set forth below: 1) A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2) Identification of the copyrighted work (or works) claimed to have been infringed; 3) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Preccelerator to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly); 4) Information reasonably sufficient to permit Preccelerator to contact you, including your address, telephone number, and e-mail address at which you may be contacted; 5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, or your agent, or the law; and 6) A statement made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.  See 17 U.S.C 512(c)(3) for further information.

For this notification to be effective, you must provide it to Preccelerator at info@preccelerator.com or by mail to the following address:

Preccelerator Program, LLP
Attn: Webmaster
1316 3rd Street Promenade
Santa Monica, CA 90401

Mailing DMCA notices may delay the processing of your request.  Only copyright complaints should be sent to agent.  No other communications will be accepted or responded to.

  1. Prohibited Uses

The Preccelerator imposes certain restrictions on your permissible use of the Website.  You are prohibited from violating or attempting to violate any security features of the Website, including, without limitation, (a) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Preccelerator in providing the Website.  Any violation of system or network security may subject you to civil and/or criminal liability.

  1. Links to Third-Party Websites

The Website contains links to other websites and resources provided by third parties.  These links are provided solely for your convenience.  The Preccelerator does not have any control over those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

You acknowledge and agree that, if you decide to access a third-party website linked on this Website, you do so entirely at your own risk and subject to the terms and conditions of the third-party website.

  1. Disclaimer of Warranties

THE Preccelerator HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW Preccelerator EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

  1. Limitation of Liability

The Content is made available solely for general information purposes.  The Preccelerator does not warrant the accuracy, completeness, or utility of the Content.  Your reliance on the Content is placed strictly at your own risk.  The Preccelerator disclaims all liability arising from any reliance you place on the Content.

The Preccelerator updates portions of the Website from time to time, but not all Content may be updated at any given time.  The Preccelerator is under no obligation to update any of the Content or to make it continuously available.  The Preccelerator assumes no liability for any errors or omissions in the Content.

Under no circumstances, including, but not limited to the negligence of the Preccelerator, its agents or service providers, shall the Preccelerator, its agents or service providers be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from: (a) the use of, (b) the inability to use, or (c) errors or omissions in the contents and functions of, the Website, even if the Preccelerator or any of its agents or service providers has been advised of the possibility of such damages.  Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you.  In no event shall the total liability of the Preccelerator, its agents, or service providers to you for all damages, losses, and causes of action (whether in contract of tort, including but not limited to, negligence or otherwise) exceed $100.00.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Preccelerator, its affiliates and service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Content in a manner that causes damage or liability of any kind.

  1. Governing Law and Jurisdiction

Any dispute arising from, related to, or concerning these Terms, the Content, or your use of the Website (“Dispute”) shall be governed by the State of California (without regard to conflicts of law principles).  Any proceeding related to a Dispute shall be brought solely in a court or alternative dispute resolution office in the County of Los Angeles, California.

  1. Waiver

Any failure by the Preccelerator to assert a right under or enforce a provision of these Terms shall not constitute a waiver of that right or provision.

  1. Severability

If any provision of these Terms is found to be invalid, illegal, unenforceable, or void for any reason, that provision shall be severed from these Terms or limited to the minimum extent possible.  The remaining provisions of these Terms shall remain in full force and effect.

  1. Termination

The Preccelerator has the right to suspend or terminate your access to the Website for any reason without limitation or reason.

  1. Entire Agreement

These Terms, along with the Privacy Policy, constitute the sole agreements between you and the Preccelerator regarding this Website and supersede all prior and contemporaneous agreements regarding this Website, whether written, oral, or implied.

  1. Questions/Notices

If you have any questions about this Terms of Use, you can reach us at info@preccelerator.com or by mail to:

Preccelerator Program, LLP
1316 3rd Street Promenade
Santa Monica, CA 90401

 

Our Privacy Policy

Last Updated: June 10, 2020

Thank you for visiting the Preccelerator Program, LLC (“the Preccelerator”, “we”, “us”, or “our”) website (the “Website”) and trusting us to handle your personal information.  Your privacy is important to us, and so is being transparent about what and how we collect, use, and share information about you.

Please read this Privacy Policy carefully.  It tells you when it is effective, what information we collect (and do not collect) from you, how we might use it, how you can review or change the information you provide to us, the steps we take to ensure that your personal information is protected, and how we may change this Privacy Policy.

This Privacy Policy applies only to the Website and does not apply to information collected offline or by a third party, including through any content that may be linked to or accessible from the Website.

We understand that you may not agree with everything in this Privacy Policy.  If that is the case, we ask that you do not access or use our Website or provide us with any information.

Each time you use the Website, the then-current version of this Privacy Policy will apply. Accordingly, each time you visit the Website, you should check the date appearing at the end of this Privacy Policy. If that date is later than the date of your last visit, you should review any changes to this Privacy Policy. IF AT ANY TIME YOU FIND THIS PRIVACY POLICY UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE. Unless the Preccelerator obtains your express consent, any revised Privacy Policy will apply only to information collected by Preccelerator after such time as the revised Privacy Policy takes effect.

  1. Information that We Collect Automatically

We may collect the same basic information that most websites collect.  We use common internet technologies, such as cookies and web server logs.  The information we collect about all visitors to our Website includes the visitor’s browser type, language preference, referring site, additional websites requested, and the date and time of each visitor request.  We also collect potentially personally-identifying information like Internet Protocol (IP) addresses. We collect this information to better understand our visitors, to provide increased functionality on our Website, and to monitor and protect the security of our Website.

We may use aggregated, non-personally identifying information to operate, improve, and optimize our Website.  This may include anonymous “traffic data” or tracking information provided by the Website’s host or similar provider of such information that does not personally identify you, but may be helpful for marketing purposes or for improving the services we offer.  Analytics is the process of collecting, analyzing, and reporting aggregate data.  To learn more about the analytics services we use and how to control any of your Personal Data that they control or retain, please use the following links:

Google Analytics https://policies.google.com/privacy
Hubspot https://legal.hubspot.com/privacy-policy
WordPress Stats https://automattic.com/privacy/

Cookies

This Website uses cookies to gather non-personal information about your visits to the Website and enhance your experience.  Cookies track the type of browser, operating system, and Internet service provider you are using and allow us to tabulate the total number of visitors to our Website, conduct various analytics analyses, and track originating IP address.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website.

  1. Information You Provide to Us

You are not required to submit information to us in order to use the Website.  However, if you join our mailing list or provide information to us directly through the Website, we collect the following information about you:

  • Your first and last name,
  • Your email address,
  • Your company name,
  • Any information you submit as a “Message” through the “Contact Us” form on the Website,
  • IP Address, and
  • Geolocation information

We use this Personal Information to identify you and communicate with you.  We may also collect your Personal Information from third parties to whom you have provided that information.

If you choose to join our mailing list, we may use one or more service providers to administer communications to you, and we will provide some of your Personal Information to them in order to facilitate this process.  Below are the service providers we currently use and links to their privacy policies, which may provide further information on how you can control your Personal Information:

Mailchimp https://mailchimp.com/legal/privacy/
SendGrid https://www.twilio.com/legal/privacy
HubSpot Email https://legal.hubspot.com/privacy-policy

We will not share your Personal Information with spammers.

Our Website includes links to our social media accounts; you may opt to receive further communications from us directly through those social media platforms.  Below are the social media platforms to which we link and links to their privacy policies:

Facebook https://www.facebook.com/privacy/explanation
Twitter https://twitter.com/en/privacy
LinkedIn https://www.linkedin.com/legal/privacy-policy

Our Website also includes a link to F6S, a separate entity that collects and stores application data for startups interested in joining the Preccelerator.  The F6S Privacy Policy can be found by following this link: https://www.f6s.com/privacy-policy.

If you contact the Preccelerator or any of its employees via email, certain information about you, including your email address and company information, may be shared with Hubspot, our marketing and sales service provider.

We may also collect business related profile information to determine whether your business is a fit for our program, including information about your venture, funding, etc.

  1. Information We Do Not Collect

We do not intentionally collect sensitive personal information, such as financial information, social security numbers, genetic data, health information, or religious information.

In compliance with California legislation, AB370, effective January 1, 2014, we honor the request of “do not track” signals sent by your browser when you visit the Website.  Additionally, we do not collect information about your online activities over time and across different websites or authorize third parties to do so.

This Website is not intended for use by people under 16 years of age.  We will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians.  If we become aware that a person under the age of 16 has provided us with personal information or that we have gathered personal information about that person (for example, through the use of cookies), we reserve the right to immediately delete that information.

The Preccelerator is committed to protecting the online privacy of children and complying with the Children’s Online Privacy Protection Act.  If you have questions or concerns about the internet and privacy rights of children, we encourage you to review http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

  1. How We Use and Share Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you;
  • To communicate with you regarding any inquiry you provide;
  • To contact you regarding the Preccelerator program, events for which you have registered, or other opportunities for interaction with our business;
  • For marketing purposes;
  • To notify you about changes to our Website;
  • For other business purposes, such as operating the Website; detecting, preventing, and responding to actual or possible fraud or illegal activities; defending our legal rights; and complying with our legal obligations;
  • To fulfill any other purpose for which you provide Personal Information or for which it is collected.

We may also share your personal information in the following ways:

  • Business Partners: We may share your information with SAM Venture Partners.
  • Accelerators/Investors: We may share your information with outside accelerators and our investor base.
  • Technical Support and Service Providers: We work with service providers who help with some of our processing and storage.  They may also assist with monitoring our servers for technical problems.  These technicians (as well as Preccelerator employees and service providers) can access certain information about you in line with this work, but these service providers are not allowed to use this data for non- Preccelerator purposes.
  • Legal Reasons: We may provide information to a third party if we believe in good faith that we are required to do so for legal reasons.  For example, to respond to legal process or comply with state and federal laws (or the applicable laws of foreign countries other than the United States).  We do share aggregated, non-personally identifying information with third parties.  For example, in the event of a security incident, we may share the number of times a particular file was accessed.  In complying with court orders and similar legal processes, we strive for transparency.  When permitted, we will make a reasonable effort to notify you of any disclosure of your information, unless we are prohibited by law or court order from doing so, or in rare, exigent circumstances.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion.
  • Professional Advisors: We may provide certain Personal Information to our lawyers, accountants, bankers and other outside professional advisors in the course of the services they provide to us.
  • Asset Transfers:  If we are involved in a merger, acquisition or other transaction involving the sale of some or all of the Preccelerator’s assets, user information, including personal information collected from you through your use of the Website, could be included in the transferred assets.  Should such an event occur, we will use reasonable means to notify you through email and/or a notice on the Website.

Additional Information You Should Know About Third-Party Websites and Features

Our Website may contain links to other websites operated by third parties.  These third-party websites may collect information about you if you click on a link.  Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our Privacy Policy. We do not control what information these third parties collect.  Please think carefully before clicking on links which may take you to a third-party website.

  1. Your Right to Access and Control Your Data (Opt-Out)

We may retain certain Personal Information indefinitely unless request its deletion. You have the following options to control and delete your Personal Information:

  • If you no longer wish to receive correspondence from the Preccelerator, you can opt out or unsubscribe by using the unsubscribe link in the email or by contacting us via the methods provided in Section 11 below.
  • You may have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device.
  • Your browser may offer the ability to block or delete cookies from your device. Please follow your individual browser’s instructions on how to block and clear cookies.
  1. Data Retention and Security

We take all commercially reasonable measures necessary to protect your Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of Personal Information.  All information you provide to us is stored in secure managed servers.  In the event of a data breach that affects your Personal Information, we will act promptly to mitigate the impact of a breach and notify any affected users without undue delay.

However, no server, network, system, or data transmission over the Internet can be guaranteed to be 100% secure.  As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the Website.

By using our Website, you acknowledge and understand that despite best efforts, we cannot guarantee the security of any data provided to or received by us through the Website and that any Personal Information, general information, or other data or information received from you through the Website is provided at your own risk.  We simply cannot guarantee its absolute security.

  1. Your California Privacy Rights

California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct marketing purposes.  If you are a California resident and you provided personal information to the Website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to the Preccelerator for a description of the information we may have provided to third parties. To submit your written request, please email us at info@preccelerator.com and let us know that you are making a California Privacy Request.

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.  We reserve our right not to respond to requests sent more than once in a calendar year.  Please note that the California “Shine the Light” law does not cover all categories of information that may be collected and disclosed or shared, and our Privacy Policy relates only to information covered by the law.

We fully comply with California’s privacy legislation as it relates to dealing with California’s residents.  We do not and will not sell your Personal Information as defined in the California Consumer Privacy Act.  If you have any questions about your rights under this Privacy Policy, please contact us at info@preccelerator.com for more information.  You may need to provide proof of your identity in order to proceed with enforcement of your California privacy rights.

  1. Terms of Use

Please read the Terms of Use [HYEPRLINK] governing your use of the Website.  This Privacy Policy is made in conjunction with and subject to the Terms of Use.

  1. Governing Law

This Notice and our privacy practices will be subject exclusively to the laws of the State of California within the United States of America.  By using our Website, you hereby irrevocably submit to the exclusive jurisdiction of the competent courts of California any claim or matter arising under or in connection with the Website.

  1. Changes to Our Privacy Policy

This Privacy Policy will remain in effect until a new notice supersedes it.  We may choose to update this Notice at our discretion, so you should check this page periodically as the terms may change from time to time.  If we make material changes to this Privacy Policy, we will notify you via a notice posted on our Website or another method.

The most recent version of the Notice will be reflected by the “Last Updated” date noted at the bottom of the page.  Your continued use of the Website will constitute your acknowledgment of the Notice in its current version and your understanding of the terms of the Notice.  Any data you provide to us under a previous version of this Privacy Policy will become subject to the terms of the current version of this Notice.

  1. Questions

If you have any questions about this Privacy Policy, you can reach us at info@preccelerator.com or by mail to:

Preccelerator Program, LLP
Attn: Privacy
1316 3rd Street Promenade
Santa Monica, CA 90401

If you choose to contact the Preccelerator via email, you agree that the Preccelerator may provide any responsive correspondence solely via email and waive any right to any other method of communication or legal service of process (unless such right cannot be waived).