Legal

Terms of Use

Last updated: January 8, 2025

Welcome to The Private List, operated by The Private List Inc. ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Platform").

1. Acceptance of Terms

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

We reserve the right to modify these Terms at any time. Your continued use of the Platform following any changes constitutes acceptance of those changes.

2. Eligibility

To use the Platform, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding agreement under applicable law
  • Not be prohibited from using the Platform under any applicable laws
  • Provide accurate and complete registration information

For investors seeking to attend our events, additional eligibility requirements apply as described in Section 4.

3. Account Registration

To access certain features of the Platform, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Immediately notify us of any unauthorized use of your account

You may only maintain one account per person. We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

4. Accredited Investor Requirements

Our events are designed for accredited investors as defined under applicable Canadian securities laws. By registering as an investor on our Platform, you represent and warrant that you meet the accredited investor criteria, which may include:

  • An individual with net financial assets exceeding $1,000,000 (alone or with a spouse)
  • An individual with net income before taxes exceeding $200,000 in each of the two most recent years (or $300,000 combined with a spouse)
  • A person or company registered under securities legislation as an adviser or dealer
  • A pension fund, investment fund, or other institutional investor meeting specified criteria

Self-Declaration: By completing investor registration, you self-declare that you meet the accredited investor requirements. We reserve the right to request verification of your status at any time.

Consequences of Misrepresentation: Providing false information regarding your accredited investor status may result in immediate termination of your account and exclusion from future events.

5. Event Attendance

Registration and Confirmation

  • Event registration is subject to approval and does not guarantee admission
  • You may be required to confirm your attendance within a specified timeframe
  • Failure to confirm may result in your registration being cancelled and your spot being offered to others

Cancellation Policy

  • If you cannot attend a confirmed event, please notify us as soon as possible
  • Repeated no-shows without notice may affect your ability to register for future events
  • We reserve the right to cancel or reschedule events at our discretion

Conduct at Events

When attending our events, you agree to:

  • Conduct yourself professionally and respectfully
  • Not engage in aggressive solicitation or harassment
  • Respect the confidentiality of information shared at events
  • Comply with venue rules and any event-specific guidelines

6. Company Presentations

Companies interested in presenting at our events must:

  • Complete the company application and provide accurate information
  • Meet our eligibility criteria for presenting companies
  • Pay applicable presentation fees as agreed
  • Submit presentation materials by specified deadlines
  • Ensure all representatives comply with these Terms

Content and Materials

Companies retain ownership of their presentation materials and intellectual property. By submitting materials, you grant us a limited license to use such materials for event promotion and Platform operations.

No Investment Guarantees

Presenting at our events does not guarantee any investment outcomes. We do not endorse or make representations about the investment merit of any presenting company.

7. Prohibited Conduct

You agree not to:

  • Provide false or misleading information about yourself or your organization
  • Misrepresent your credentials, qualifications, or accredited investor status
  • Solicit investments or conduct business transactions outside the scope of our events without authorization
  • Harass, threaten, or intimidate other users or event attendees
  • Collect or harvest personal information from other users without consent
  • Use the Platform for any unlawful purpose or in violation of securities laws
  • Interfere with or disrupt the Platform or servers connected to the Platform
  • Attempt to gain unauthorized access to any part of the Platform
  • Share confidential information obtained through the Platform or events without authorization
  • Use automated systems to access the Platform without permission

8. Intellectual Property

Platform Content

The Platform and its contents, including text, graphics, logos, images, and software, are owned by The Private List Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws.

User Content

By submitting content to the Platform (including profile information, company materials, and communications), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content in connection with operating and promoting the Platform and our events.

Trademarks

"The Private List" and associated logos are trademarks of The Private List Inc. You may not use these marks without our prior written permission.

9. Disclaimers

NOT INVESTMENT ADVICE: The Platform and our events are designed to facilitate introductions between investors and companies. Nothing on the Platform or at our events constitutes investment advice, a recommendation to buy or sell securities, or an offer to sell or solicitation of an offer to buy securities.

NO ENDORSEMENT: We do not endorse, recommend, or make any representations about the quality, accuracy, or completeness of information provided by presenting companies. Investors should conduct their own due diligence before making any investment decisions.

PLATFORM PROVIDED "AS IS": The Platform is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

NO GUARANTEE OF AVAILABILITY: We do not guarantee that the Platform will be available at all times or that it will be free from errors or interruptions.

10. Limitation of Liability

To the maximum extent permitted by law, The Private List Inc. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, data, or business opportunities
  • Investment losses or damages arising from investment decisions
  • Damages arising from interactions with other users or event attendees
  • Damages arising from unauthorized access to your account

Our total liability for any claims arising from your use of the Platform shall not exceed the greater of (a) the amount you have paid us in the twelve months preceding the claim, or (b) $100 CAD.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Private List Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the Platform or attendance at our events
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any content you submit to the Platform
  • Any misrepresentation regarding your accredited investor status

12. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Arbitration

Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration in Toronto, Ontario, in accordance with the arbitration rules of the ADR Institute of Canada. The decision of the arbitrator shall be final and binding.

Class Action Waiver

You agree to resolve any disputes with us on an individual basis and waive your right to participate in any class action or representative proceeding.

13. Modifications

We reserve the right to modify these Terms at any time. When we make material changes, we will:

  • Update the "Last updated" date at the top of this page
  • Notify registered users via email or through the Platform for significant changes

Your continued use of the Platform after any modifications indicates your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Platform.

14. Contact Information

If you have any questions about these Terms, please contact us at:

The Private List Inc.

Email: legal@theprivatelist.io

Toronto, Ontario, Canada

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