REICHARD CAPITAL, LLC
Terms and Conditions
Agreement between User and Site: https://www.reichard-portal.com/securities-offering.
Welcome to https://www.reichard-portal.com/securities-offering. The https://www.reichard-portal.com/securities-offering website (the "Site") is comprised of various web pages operated by Reichard Capital, LLC ("Reichard Capital,” “Company,” “Party”). Access to https://www.reichard-portal.com/securities-offering is offered to you (the “Party”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
YOUR USE OF https://www.reichard-portal.com/securities-offering CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS. Please read these terms carefully and keep a copy of them for your reference.
https://www.reichard-portal.com/securities-offering is a Business Information Site.
The purpose of this site is to provide business information related to Reichard Capital LLC. The information provided is for informational purposes only. It does not constitute an offer or solicitation to sell shares or securities in the Company or any related or associated company. Any such offer or solicitation will be made only by means of the Company’s confidential Private Placement Memorandum and in accordance with the terms of all applicable securities and other laws. None of the information or analyses presented are intended to form the basis for any investment decision, and no specific recommendations are intended. Accordingly, this Site does not constitute investment advice, counsel, or solicitation for investment in any security. This Site does not constitute or form part of, and should not be construed as, any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied on in any connection with, any contract or commitment whatsoever. The Company expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from (i) reliance on any information contained herein, (ii) any error, omission, or inaccuracy in any such information or (iii) any action resulting therefrom.
Confidential Information
Definition. “Confidential Information” means any information disclosed by either Party to the other Party under this Agreement, either directly or indirectly, in writing, orally, or by inspection of tangible objects (including, without limitation, documents, Personal Information, software, facilities, equipment, and operating plans). Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already rightfully in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party's files and records immediately prior to the time of disclosure; (iv) is obtained by the receiving party from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information, as shown by documents and other competent evidence in the receiving party's possession; or (vi) is required by law to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure and discloses only so much of the Confidential Information as is required.
Non-use and Non-disclosure. Each Party agrees not to use any Confidential Information of the other Party except as expressly permitted in these Terms or as expressly authorized or required by law. Each Party agrees not to disclose any Confidential Information of the other Party, to third parties except as provided for in the Terms below.
Terms of Agreement. Each Party agrees that these Terms and Conditions will be treated as the other parties’ Confidential Information and that no reference to these Terms and Conditions may be made in any form of press release or public statement without first consulting with the other party; provided, however, that each party may disclose the Terms and Conditions : (i) as may be required by law, if such Party notifies the other Party of such requirement prior to such disclosure in sufficient time to enable the other Party to seek a protective order covering such disclosure; (ii) to legal counsel of the Parties, provided such counsel is informed of his/her obligation to keep such disclosure in confidence with the same degree of care as the Party’s other Confidential Information; (iii) in connection with the requirements of an initial public offering or securities filing provided such party seeks confidential treatment of the Terms and Conditions as appropriate; (iv) to accountants, banks and financing sources and their advisors, provided such persons and/or entities are informed of the obligation to keep such disclosure in confidence with the same degree of care as the Party's other Confidential Information; and (v) in connection with a merger or acquisition or proposed merger or acquisition or the like provided such Party seeks confidential treatment of the Terms and Conditions as appropriate and provided that the person to whom the Confidential Information is disclosed are informed of the obligation to keep such disclosure in confidence with the same degree of care as the party's other Confidential Information.
Maintenance of Confidentiality. Each Party agrees that it shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other Party. Without limiting the foregoing, each Party shall take at least those measures that it takes to protect its own most highly confidential information but in no circumstances less than reasonable care. Neither Party shall disclose the other Party’s Confidential Information to any person or entity other than its officers, employees, consultants, and legal advisors who need access to such Confidential Information in order to effect the intent of these Terms and Conditions who are informed of the obligation to keep such disclosure in confidence, and each Party shall be responsible to ensure that its officers, employees, consultants and legal advisors comply with the restrictions set forth herein. Neither Party shall make any copies of the Confidential Information of the other party except as appropriate to perform its obligations pursuant to these Terms and Conditions. Each Party shall reproduce the other Party's proprietary rights notices on any such copies in the same manner in which such notices were set forth in or on the original.
Each Party acknowledges that a breach of this Section (“Confidential Information”) would cause irreparable harm to the non-breaching Party, the extent of which would be difficult to ascertain. Accordingly, the Parties agree that, in addition to any other remedies to which the non-breaching party may be legally entitled, the non-breaching Party shall have the right to seek immediate injunctive relief from a court of competent jurisdiction in the event of a breach of this Section by the other Party or any of its officers, employees, consultants or other agents. The Parties further agree that no bond or other security shall be required in obtaining such equitable relief and the Parties hereby consent to the issuance of any such injunctive relief.
Privacy
Your use of https://www.reichard-portal.com/securities-offering is subject to Reichard Capital's Privacy Policy. Please review our Privacy Policy, which governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting https://www.reichard-portal.com/securities-offering or sending emails to Reichard Capital constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Eighteen
Reichard Capital does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use https://www.reichard-portal.com/securities-offering only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://www.reichard-portal.com/securities-offering may contain links to other websites ("Linked Sites"). The Linked Sites may not be under the control of Reichard Capital and Reichard Capital is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Reichard Capital is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Reichard Capital of the site or any association with its operators.
Certain services made available via https://www.reichard-portal.com/securities-offering are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.reichard-portal.com/securities-offering domain, you hereby acknowledge and consent that Reichard Capital may share such information and data with any third party with whom Reichard Capital has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.reichard-portal.com/securities-offering users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.reichard-portal.com/securities-offering strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Reichard Capital that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Reichard Capital or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Reichard Capital content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Reichard Capital and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Reichard Capital or our licensors except as expressly authorized by these Terms and Conditions.
International Users
The Service is controlled, operated and administered by Reichard Capital from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Reichard Capital Content accessed through https://www.reichard-portal.com/securities-offering in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Reichard Capital, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Reichard Capital reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Reichard Capital in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Reichard Capital agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REICHARD CAPITAL, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
REICHARD CAPITAL, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. REICHARD CAPITAL, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REICHARD CAPITAL, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REICHARD CAPITAL, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Reichard Capital reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Reichard Capital as a result of this agreement or use of the Site. Reichard Capital's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Reichard Capital's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Reichard Capital with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Reichard Capital with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Reichard Capital with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Reichard Capital reserves the right, in its sole discretion, to change the Terms and Conditions under which https://www.reichard-portal.com/securities-offering is offered. The most current version of the Terms and Conditions will supersede all previous versions. Reichard Capital encourages you to review the Terms and Conditions to stay informed of our updates periodically.
Contact Us
Reichard Capital welcomes your questions or comments regarding the Terms and Conditions:
Reichard Capital, LLC
345 N. Morgan
Chicago, Illinois 60607
Email Address:
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Effective as of May 01, 2024