Important : Please scroll and read our TOU before clicking to confirm your agreement.
You acknowledge and agree to the following terms in order to use our site:
By accessing the Site or using our services, website, applications and software provided through, or in connection with, the Site, including through a mobile device (the "Service") in any manner, you become a 47Pitch user (“User”). You acknowledge that 47Pitches is a not a registered investment advisor, financial intermediary, broker dealer or funding portal. We do not give investment advice in any form, make recommendations, or vet or promote investment in any of the companies featured in our contests. We also do not hold or take possession of any securities or investor funds apart from SAFEs ('Simple Agreement for Future Equity') or other equity rewards for distribution to the winning investor voting pools.
You further acknowledge that our site is open exclusively to Accredited Investors, and you accept full responsibility for all interactions, including any funding or commercial transactions that you engage in with investors or projects on the site. We reserve the right to require proof of accreditation for investors participating in our contests. We further reserve the right to require proof of identity, including country(s) of citizenship and residence, for purposes of anti-money laundering. You agree to be fully responsible for the accuracy of any information you post on the site—either as an investor or as a project sponsor—including updating your project, site profile, or other information on the site in a timely manner. You, as either an investor or a project sponsor, further agree to be fully responsible for any investment risk, regulatory requirements, or other exposure, expense, or other factors involved in any transactions that you enter into with entities you engage on the site.
The Service is offered subject to your acceptance of all of the terms contained in these Terms of Use, including the Privacy Policy and all other operating rules, policies, and procedures that may be published on the Site, 47Pitches, or its affiliates, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you or liability for such change. Users are advised to periodically review the Site for any changes and contact 47Pitches or your legal advisor with any questions.
If there is a conflict between two versions of the Terms of Use to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise. In addition, other services offered through the Site may be subject to additional terms and conditions adopted by 47Pitches and/or contained in any agreement entered between you and the Company.
These Terms of Use and Privacy Policy will continue to apply to you even after you have agreed to a Platform Agreement. However, if it turns out that there is a conflict between the Terms of Use and Privacy Policy and a Platform Agreement to which you have agreed, the Platform Agreement will take precedence.
47Pitches Pitch Contests
"Pitch Contests" or "Contests" allow investors to screen, shortlist, research, rate and rank prospective projects in a competitive format against other investors in the pool. A Pitch Contest is a consensus-rendering process whereby investors (or in some cases end-user adopters or industry experts) can earn equity awards, SAFEs, or future investments rights in a project by voting to render a community consensus ranking of the projects. This process can provide a powerful incentive for review and deeper engagement in your project by professional or Angel investors whom you might otherwise not be able to connect with. It also provides a metric that both project sponsors and investors can use to assess the investor community’s collective opinion of a project, and may help form the basis for follow-on investments or other relationships.
47Pitches does not guarantee any specific benefits or results to project sponsors or investors participating in our Contests. Users agree to hold harmless and indemnify the Company for any lack of results, unintended consequences, or any other adverse results of their participation in our process or use of our platform (see Indemnification section below).
Our core goal is to provide startups and investors with a new and better way to engage, vet and in some cases negotiate funding or other relationships through our community consensus rating process and other interactions on the site.
Please read, understand, and accept these terms in their entirety. For quick reference we have added a summary of some—but not all—the things you can or cannot do as a “user” of our site. For the purpose of these Terms of Use, anyone who visits, registers, views content, or otherwise uses our software or website (including mobile services, downloaded material, email, and any related services, including areas of the site that are open to the public) is considered a “User” and acknowledges and accepts agreement to be bound by our Terms of Use by their use of any of these services.
About Us
47Pitches, aka "The Platform", "The Company", "Mentor Vest", "us," "our," or "we," is an intermediary platform where accredited investors (“investors,” or ”Investor Community”), or in some cases, end-user adopters (entities who might purchase products or use services provided by Projects) can connect with startups or other project sponsors via pitch contests (“Contests”) in a more efficient and direct way.
Pitch Contests create competition amongst both groups of investors and startup projects by offering equity incentives (typically SAFEs) to experienced investors who vote and rank the contest projects in order to render a consensus opinion on the best new startups. Pitch contests can increase your project’s visibility and engagement with the investor community, and shorten the path to funding and growth by creating more engaged relationships and an online mentor community. Winning projects are also able to onboard groups of experienced investors as shareholders and mentors who may provide future funding and guidance to accelerate your project’s success.
Contest winners receive a ranking from the investor community and can invite winning investors or other 47Pitch users to join their online mentor community or negotiate funding transactions, either on or off our Platform.
Our goal is to streamline and demystify the funding process for startups and to provide sophisticated investors with a more efficient way to identify, vet, and start relationships with great early stage projects and their teams.
If you have a great project but you’re having trouble getting visibility and connecting with the right investors, Pitch Contests could be a great choice for you.
We offer a simplified presentation format, which can save users the burden of constant information updating, individual pitch meetings, and multiple presentation formats to satisfy different investors’ preferences and schedules.
Our process starts with a concise, 25-word elevator pitch that participating investors can quickly screen, then drill down on to decide if your project is a good fit. Members of our investment community can also ask questions and participate in a community chat about your project. If your project ranks in the winning contestants, it can accelerate your funding efforts and gain you visibility, along with a tangible metric from established investors. If you don’t rank, you may still get great feedback from experienced investors and you can re-enter future contests after adjusting your pitch or business model with new insights and feedback.
If you’re a VC or Angel investor seeking to discover the next great startup before your competition—or if you just like mentoring startups—47Pitches gives you a better way to screen and connect with tomorrow’s success stories.
Important terms you mourust accept to use our service:
Fees
A core goal of our platform is to provide a more time and cost-efficient way for startups to raise capital. There are currently no mandatory cash fees for qualifying startups to join our pitch contests.
47Pitches may, without prior notice, change its fee structure for any of the following. Changes in fee structures will be posted on individual pitch contests or as general notifications by email and/or on our site.
No cash fees for startups
We do not charge startups and project sponsors cash fees to participate in Pitch Contests. We understand that startups seeking funding have limited cash resources to expend on raising new capital, and our goal is to streamline the process of getting a project in front of large groups of qualified and engaged investors.
We do, however, offer optional premium services to help startups present sensitive data to interested investors while maintaining confidentiality; services can also extend communication and relationships with investor or industry insider connections on our platform.
Future Investment Rights
In lieu of cash payments and as incentive to investor participation in certain contests, participating startups may be required to provide Future Investment Rights to the winning Contest Judges (investors and/or industry insiders) in the event that their project wins top ranking in the contest. Non-winning projects are not assessed Future Investment Rights (FIRs) to Contest Judges. However all participating projects are obligated to provide Future Investment Rights (FIRs) as compensation for the use of the 47Pitch platform and access to our investor and insider communities.
Please read the terms of each Contest’s SAFE agreement carefully before entering.
All startups that are invited to Phase 2 and choose to participate will be required to execute a binding SAFE Agreement that contains specific terms for their participation in the Contest. The terms of each SAFE agreement, including any applicable future investment rights and other assignments become binding at the start date of each Contest provided that the minimum number of Investor Judges as outlined in the SAFE agreement have been registered to participate in the Contest. Prior to that date, registered projects can withdraw with a full refund of all SAFE assignments.
Our goal is to provide the lowest cost path for investors to engage with investors and industry insiders by replacing cash costs with modest equity incentives.
Investor fees — Try your first contest for free
We currently charge investors for participating in Pitch Contests in order to ensure the quality and integrity of our investor community and to generate revenue to sustain our pitch contests. We also share in equity SAFEs or other contributions that participating projects assign as incentive rewards to the investors who win the consensus in pitch contests (see more information in the Total Cost section below). In some cases, we may provide fee discounts and/or waive fees for certain investors if we feel it is in the interests of the community, Platform and/or contest.
Rewards for Industry Insiders
Unless otherwise specified, industry insiders are not charged any fees for participating in our Contests. Insiders typically do not qualify for future investment rights (FIRs) unless specified in the Contest Terms.
We may add other fees for certain premium services in the future. Our goal is first and foremost to align our interests with our users—great investors and great projects—and to provide more time- and cost-efficient path towards helping create transformative new businesses and applications.
How it works
47pitches changes the dynamics of funding a startup from sequential—the long and often challenging process of getting in the door and pitching investors one at a time—to a single platform where scalable groups of investors compete to earn equity or future investment rights in your project. You pitch once to the group under a standardized elevator pitch format, answer questions, and get the attention of a significant part of the investor community at once as they vote for their favorite projects. If your project ranks highly it can increase your chance of funding success significantly (although funding isn’t guaranteed). If you don’t win the contest, you can still connect with investors who love your project and negotiate funding or mentorship and get added to their “watch list” to build a long-term relationship with the investors who like what you’re doing.
Equity incentives and future shareholder rights
In order to enter a pitch contest, you may be required to assign certain rights or rewards as defined in the Pitch Contest Terms. Note: Each contest may have different reward structures and Terms. Participants will have the opportunity to review all Terms prior to agreeing to participate. Rights and rewards are usually awarded through a SAFE or other mechanism, which will be described in more detail on your contest application form, and which may vary from contest to contest. Investors compete for future investment rights by screening, reviewing and voting to form an investor consensus opinion of the best projects in the contest.
Typically the discount will be in the 10-20% range and tied to future events such as: an exit, sale, or IPO of the project, next series of funding, revenue recognition levels, future date, or other trigger points as defined in the each Contest’s terms of participation. This means that the investors in the winning consensus voting pools i.e. the investors who voted for the projects that got the most votes for a contest project, will be granted the right to invest in that project’s next round of funding at the aforementioned discount.
Startups may participate in multiple contests by invitation. However, they will be obligated to the specific Terms of any contest they may join. Startups may re-apply for future contests if their project doesn’t rank in the winning vote. They may also negotiate funding or other relationships with our investor community regardless of whether their project wins the contest or not.
You may re-apply for future contests if your project doesn’t rank in the winning vote. You may also negotiate funding or other relationships with our investor community regardless of whether your project wins the contest or not.
Your offered discount helps ensure that your project gets engagement from our investor community and rewards each investor for engaging with your team and performing due diligence before voting. It also allows you to create an initial minority shareholding of sophisticated investors and/or industry insiders which can lend credibility, connections and mentorship to your project’s future success.
What happens if your Project doesn’t win the contest?
If you do not win the pitch contest in any of the qualifying categories, rights assigned to judges will become null and void. The rights granted to 47Pitches LLC will remain as payment for its services.
Eligibility
Our goal is to expand access to both VC and Angel Investor funding for a broader range of projects, and with a greater diversity of founders. To that end we have very few restrictions on the type or projects that are eligible for Pitch Contests on our site.
Project sponsors:
If you have a great project you can apply to enter one of our Pitch contests. While the contest itself is a designed to be a highly effective screening process, 47Pitches will pre-screen projects to better ensure they:
- Are consistent with our investor’s interests and investment criteria,
- Appear legitimate and realistic,
- Meet other qualifications that our team deems are appropriate for including into a Pitch Contest.
Since there is no cost to join a Pitch Contest, we encourage founders with projects to apply. If you are not accepted to a current contest, you may qualify for a future contest.
Background Requirements
We do not generally base inclusion in a Pitch Contest on your background experience, education, or past projects. We leave it to the voting investors to decide which projects to vote for or engage with based upon their own criteria. However, You must fully and accurately disclose any prior legal proceedings, current regulatory or legal actions—civil or criminal—and any past convictions, pleas, or other settlements for of any crime or securities violations—whether made public or not—relating to your project, its founders, key management, or those of any shareholders in excess of 5% of your equity capitalization or debt holdings.
If you are under 18 years of age, please contact us first at info@47pitches.com before submitting your project.
Investors:
You must be 18 years old to access information on our site or participate in Pitch contests.
You must also be an Accredited Investor under the SEC's definition. See definition of Accredited Investor here.
Confidentiality of information you post on our site
While our Platform attempts to provide mechanisms to help protect or restrict public exposure of information posted to the Site, including personally identifiable information about our users, information about business plans, projects, IP, investor disclosures, profile information and other aspects of projects or investors participating in our Contests, users must understand and acknowledge that we are not responsible for any information from our site that becomes public by user sharing, hacking, technical error, or unauthorized use by employees, vendors, or others who may have access to data on our site—whether authorized or unauthorized.
Your Provided Information
You are able to upload Content to the Platform. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Platform any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Platform.
You retain ownership rights in your Content. However, we do require you to grant certain rights to 47Pitches and other users of the Platform. By providing Content to the Platform, you grant 47Pitches worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and 47Pitches’ (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of 47Pitches.
You also grant each other user of 47Pitches a worldwide, non-exclusive, royalty-free license to access your Content through the Platform and to use of that Content, including but not limited to reproduce, distribute, publish, post, share, prepare derivative works, display, and perform it, only as enabled by a feature of the Platform (such as video playback, links or embeds). All users are solely responsible for their disclosure of intellectual property, trade secrets, business and or other information included in videos or other information they disclose on our site or IRA affiliates. We are not obligated to maintain the confidentiality of any Content you give us, other than Locked Information, and with respect to Locked Information, we are not obligated to protect it other than by designating it as such. The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with Content you provide to us, but the Company does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Platform. You may remove your Content from 47Pitches and request its removal from 47Pitches' social media channels at any time by sending an email to info@47pitches.com. You must remove your Content if you no longer have the rights required by these terms and immediately inform 47Pitches of any such changes. If you believe your copyright has been infringed upon on the Platform or any other associated business channel, please send us a notice.
If we reasonably believe that any Content is in breach of our Terms of Use or may cause harm to 47Pitches, our users, or third parties, we may remove or take down that Content in our discretion and without explanation or appeal.
Basic Pitch Information
Pitch contests require disclosure of both basic and confidential information in order to engage in project validating and transactions on our site. Our site is designed using a patent pending design that facilitates rapid screening and validating of scalable groups of projects by groups of investors. Projects are therefore required to post information that is open to viewing by other users of the site, including information that might be proprietary, sensitive, or confidential.
It is up to each participant to determine whether it is in their project’s best interest to post the required information to qualify for a Pitch Contest. Typically, this will include an elevator pitch of 25 words or less that summarizes the project, a short video featuring a founder or other team members talking about the project, a fuller summary of the project and its target market, competitive advantages, links to team members, Q&A, and other summary information, including the space you’re operating in, founding date, capital raised and other information about the status, market, and goals of your project. We attempt to keep the basic information section concise and brief for the benefit of both project sponsors and investors, but cannot guarantee what will happen to this information.
There is also a community chat section for each project where you can engage with, and answer questions from, investors. You are not required to publicly answer any specific questions about your project in the community section; however, your chances of winning a contest may depend upon your responses to investor questions in your community area.
Confidential information
We provide you with ways to sequester information that you feel is confidential and that you want to make available by invitation only, or under an NDA. WHILE IT IS OUR GOAL TO ASSIST YOU IN PROTECTING YOUR CONFIDENTIAL INFORMATION, WE CANNOT AND DO NOT GUARANTEE, AND WE ARE NOT RESPONSIBLE FOR THE SECURITY AND CONFIDENTIALITY OF, ANY INFORMATION THAT YOU POST—EITHER IN THE BASIC INFORMATION SECTION OR IN THE CONFIDENTIAL INFORMATION SECTIONS. ADDITIONALLY, WHILE WE MAY PROVIDE A STANDARD NDA FORM FOR THE CONVENIENCE OF USERS, USERS ARE ADVISED TO EXECUTE THEIR OWN, LEGALLY DRAFTED NDA BEFORE DIVULGING HIGHLY SENSITIVE INFORMATION ON OUR SITE OR WITH OTHER USERS THAT YOU ENGAGE WITH ON THE SITE.
Quick reference
Some things you CAN do on 47Pitch’s website and related applications (Non-exclusive summary)
- Post a 30-word elevator pitch for investors to rate.
- Connect with accredited investors to get feedback on your project.
- Offer equity, and/or future investment rights or other rights to prospective investors, end-users, or other voters in a contest, based on the rules and conditions of a specific pitch contest – providing you are authorized by your project to legally make any such offer on their behalf.
- Add information about your project, including slide decks, links to your team bios, Q&A, videos and more, as long as you assume full responsibly for the accuracy and security of the information you post.
- Enable a community discussion about your project and invite investors to comment.
- Enter into funding or pilot project discussions with other 47Pitch users on the site providing that you assume full responsibility for the risks and required regulatory compliance for any transaction that you engage in, whether you’re an investor or a project sponsor.
- Post your project’s ranking from our pitch contests to promote it within or outside of our platform.
- Invite accredited investors and VCs to your online community mentor group. Investors can accept or decline offers to be part of your mentor group, regardless of whether they voted for your project or have won rights rewards.
- Re-enter investor contests if you don’t rank within the winning categories on your first contest attempt.
- Withdraw from a Pitch Contest at any time. However, 47Pitches will still be entitled to any equity assignments that you’ve made when you applied and were accepted to the contest (see how it works and our no cash fees policy below).
Summary of things you CANNOT do on the 47Pitches website and related applications (Non-exclusive summary)
- Knowingly post inaccurate, false or misleading information, or personally identifying information that might cause harm to users, employees, or owners of this site or its affiliates.
- Engage in any act of double voting in Pitch contests or use or control duplicate accounts to vote, post, or comment on Projects, or for any other reason. Users are allowed to vote only once, as a single entity, with single user voting rights in any contest.
- Breach the terms of this agreement or any other agreements that you have with this Platform, including our privacy policy, Terms of Use, or requirements incorporated in individual Pitch Contest Terms and Condition requirements.
- Post spam, unapproved advertising, or information to promote projects not included in 47Pitch contests.
- Act in any way that is defamatory, threatening, libelous, or harassing towards this site or any of its users or affiliates.
- Use an anonymizing proxy, VPN or other mechanism that hides or distorts you real IP address.
- Promote other funding portals, or applications or projects listed on such platforms but not on 47Pitches, without the express written permission of 47Pitches.
- Vote under multiple profiles in the same contest.
- Access the site or use its services where prohibited by law, including in territories where the content on the Site is prohibited.
- Participate in Pitch contests or communicate with project sponsors that post on our platform if you are not fully qualified as an Accredited individual investor, VC, institutional investor, or otherwise fully exempt from SEC or other applicable regulatory requirements of registration in your country of residence or jurisdiction if you are acting as a potential investor in posted projects. You may participate if you are functioning as an industry or domain expert with no expectation of investing and where your participation is solely for the purpose of providing consensus voting as a domain insider or expert.
- Expect 47Pitches to arbitrate or mediate disputes or controversies between users on our platform or to evaluate or vet users’ recommendations, postings, or other communications on the site or in email or other communications outside of the site.
- Interfere or attempt to interfere with the proper working of this site, its platform, or the fairness, accuracy, or functioning of its contest mechanisms.
- Materially misrepresent your investing experience, financial status, holdings, or other qualifications as an Accredited and experienced investor.
- Engage in any activities to compromise the integrity of the contest voting or payment process; take actions to influence contest results in any way outside of voting or approved community discussion or direct communications with project sponsors, investors or other users; or engage in any other bad faith activities adverse to content, projects, community investors, the 47Pitches platform, or that of its affiliates.
- Violate ANY of the terms or conditions included in the full version of the Terms of Use or Privacy Policy.
- Engage in political, promotional, or other communications not related to Pitch Contest projects or our investors or projects. You many, however initiate or engage in conversations and communications dealing with topics related to the industry, technology, capitalization or other relevant matters to projects or investment themes.
- Continue to participate or attempt to participate in any of the platform’s activities or services if you’ve been banned by the Platform’s managers for any reason.
- Use any false information on your profile, email, or company or investor profiles, including information that is owned or controlled by any other person with the intent of impersonating that person or entity or for any other reason.
- Republish any information you acquire on the site, for which a principal purpose is to compete with 47Pitches or the projects posted on the site.
Account suspension
47Pitches reserves the right to suspend a user’s account and remove any information that you’ve posted on the site, including inactive or past pitch contests, at any time for violation of any of the terms and conditions contained herein, or for any other reason at its sole discretion. If an account has been suspended, we may provide the user with the opportunity to appeal the decision and request reinstatement of the user’s privileges, profile and use of the site at our sole discretion, and only after an initial review of the reasons for the suspension.
Limitations of Liability
In no event shall 47Pitches or our agents, employees, affiliates or suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website or the Services or this Agreement (however arising, including as the result of negligence). In states that do not allow the exclusion or limitation of incidental or consequential damages, the above limitation or exclusion may not apply to you. Our liability, and the liability of our agents, employees, affiliates and suppliers, to you or any third parties in any circumstance, is limited to the actual amount of direct damages.
No Warranty
47Pitches and our agents, employees, subsidiaries, affiliates and suppliers provide the Services “as is” and without any warranty or condition, express, implied or statutory. 47Pitches and our agents, employees, subsidiaries, affiliates and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. 47Pitches does not guarantee continuous, uninterrupted, or secure access to our Platform or Services, and operation of our Platform may be affected by numerous factors outside of our control. In states that do not allow the disclaimer of implied warranties, the disclaimers provided in this section may not apply to you. This section gives you specific legal rights, and you may also have other legal rights that vary from state to state.
Third-party Data
To the fullest extent permitted under applicable law, 47Pitches makes no representation or warranty, express or implied, with respect to any third-party data provided to 47Pitches or its transmission, timeliness, accuracy or completeness, including but not limited to, implied warranties or warranties of merchantability, or fitness for a particular purpose. 47Pitches will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third-party data or the transmission or delivery of any such third-party data and any loss or damage arising from (i) any such inaccuracy, error, delay or omission, (ii) third-party non- performance, or (iii) interruption in any such third-party data due either to any negligent act or omission by 47Pitches or “force majeure” or any other cause beyond reasonable control of the Company.
Indemnification
You, as either an investor or a project sponsor, agree to hold 47Pitches, its shareholders, managers, employees and affiliates harmless for the consequences of your activity on the site. This includes the results of any funding transactions you enter into with parties you engage with on the site, including in Pitch Contests, community discussion boards or other areas on the site or with its affiliates, in any regulatory or tax issues, or for matters relating to the site’s operations, integrity, data security, or for information you post or which is posted about you on user profiles or discussion boards. You further agree to defend and indemnify 47Pitches for any claim or demand, including reasonable attorney’s fees paid or incurred due to, or arising from, your breach of this agreement and/or your use of the site or its services.
Additional company rights
We reserve the right to:
- Suspend or discontinue our services at any time and without prior notice to our users without liability or any promise of return of any user’s information or data.
- Terminate user’s access. As stated above, we reserve the right to suspend your access to the site and its services without notice or liability and for any reason, and bear no liability or responsibility for any loss of your connections, data, presentation material, profile, history or comments or ratings.
- Refuse registration or participation in Pitch Contests or other site actives.
- Control content. We reserve the right to review and delete any content posted on the site. We however do not have any obligation to review or delete content and are not responsible for content posted by users regardless of our rights to control, review or delete such content.
Intellectual Property
All content and images on the Site are either the property of, or used with permission by 47Pitches or our affiliates. The use of the content or images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms of Use or provided elsewhere on the Site. By providing content on the Site, you grant us a royalty-free, non-exclusive, worldwide license, under your intellectual property rights, to copy, reformat, index, modify, display, distribute and put to commercial and other uses. No compensation will be paid with respect to our use of such content. 47Pitches neither represents nor warrants that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with the Company.
The trademarks, logo and slogans displayed on the Site, including the mark 47Pitches (collectively the "Trademarks") are owned by 47Pitches or its affiliates and others. Nothing on this Site should be construed as granting any license or right to use the Trademarks without written permission of 47Pitches or such third-party owners of the Trademarks. Your misuse of the Trademarks, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised that 47Pitches will aggressively enforce its intellectual property rights to the fullest extent of the law.
Governing Law
These Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of North Carolina applicable to contracts deemed to be made within such State, without regard to choice of law or conflict of law provisions thereof. In the event any person or entity makes a claim or files a complaint initiating an action based on a dispute arising out of use of this Site or information posted to this Site, it shall be subject to the exclusive jurisdiction and venue of the North Carolina state courts located in Raleigh Durham, and each of the parties hereby agrees to the personal and exclusive jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Dispute Resolution
In the event of any claim, controversy or alleged dispute between you and 47Pitches, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding either a) pursuant to the rules of the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, before an arbitrator to be selected by the AAA, or b) at 47Pitches’ option, through an alternative arbitration forum providing services in the state of North Carolina. Any such arbitration may only be commenced within one year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g., confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as provided by law, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof. You agree that all Disputes will be limited between you, individually, and 47Pitches. To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of 47Pitches, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning 47Pitches intellectual property rights; and (3) any claim for injunctive relief. All arbitration proceedings will take place in North Carolina, United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within Raleigh Durham, North Carolina. Each party hereby waives any claim that such venue is improper or inconvenient.
YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Your use of this Site constitutes acceptance of the Terms of Use and Privacy Policy. Your continued use of this website following the posting of any changes to this Agreement constitutes your acceptance of such new term(s).
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