Terms and Conditions of Use of Palmetto State Growth Fund, Inc.

Last revision date: November 13, 2024

Palmetto State Growth Fund, Inc., a nonprofit corporation organized under the laws of the State of South Carolina and qualified under Section 501(c)(3) of the United States Internal Revenue Code (the Company” or “we” or “us”) maintains this website, palmettsgf.com, (our “Website”) to provide information to South Carolina small businesses regarding us and the services that we offer to South Carolina small businesses.

Your Agreement to These Terms and Conditions

Your Agreement to These Terms and Conditions

Your Agreement to These Terms and Conditions

This Website is offered and available to South Carolina small businesses. It is not intended for persons under the age of 18. By using this Website, you represent that you are of legal age to form a binding contract with the Company regarding these Website Terms and Conditions. If you are not, you must not access or use this Website.

Please read these Website Terms and Conditions, and other documents referred to or incorporated herein carefully because they govern your access to and use of the Website. If you do not agree with our Website Terms and Conditions, your choice is not to use our Website. By accessing or using this Website, you agree to these Website Terms and Conditions. These Website Terms and Conditions may change from time to time (see Changes to Our Website Terms and Conditions). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check these Website Terms and Conditions periodically for updates.

This Website is informational and is not transactional. No e-commerce is offered or enabled by this Website; and the Company does not engage in e-commerce.

To the extent that any information about you is collected from you on, by, or through this Website, our Website Privacy Policy concerning that information may be found here.

Applicable State Law

Applicable State Law

Applicable State Law

The Company is a South Carolina business-to-South Carolina business enterprise. Our only transactions are with other South Carolina business enterprises; we offer our services only to South Carolina businesses; and this Website is intended only for the information and use of South Carolina businesses. If you visit this Website, you consent to the application of South Carolina law to your access and use. Any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Website Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of South Carolina, in each case located in the City of Columbia and County of Richland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Website Terms and Conditions in your jurisdiction of residence or any other relevant jurisdiction, either inside or outside the United States. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Intellectual Property Rights

Intellectual Property Rights

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Website Terms and Conditions permit you to use the Website for its intended purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

• You may store files that are automatically cached by your Web browser for display enhancement purposes; and

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;

You must not:

• Modify copies of any materials from this site;

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of Website Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Website Terms and Conditions is a breach of these Website Terms and Conditions and may violate copyright, trademark, and other laws.

Prohibited Uses

Prohibited Uses

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); 

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Website Terms and Conditions, without our prior written consent;

• Use any device, software, or routine that interferes with the proper working of the Website;

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination
We have the right to:

Monitoring and Enforcement; Termination
We have the right to:

Monitoring and Enforcement; Termination
We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and

• Terminate or suspend your access to all or part of the Website for any violation of these Website Terms and Conditions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Nothing on the Website is an offer to engage in any transaction. We do not warrant the currency, accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Notwithstanding the foregoing, you must not:

• Establish a link from any website that is not owned by you;

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking;

• Link to any part of the Website other than the homepage; or

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Website Terms and Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY INFORMATION OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES DESCRIBED ON THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Geographic Restrictions

The owner of the Website is based in the State of South Carolina in the United States. We provide this Website for use only by businesses located in South Carolina or their owners, employees, consultants, and agents. We make no claims that the Website or any of its content is accessible or appropriate outside of South Carolina. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside South Carolina, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, 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 Website Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content and services described on the Website, other than as expressly authorized in these Website Terms and Conditions, or your use of any information obtained from the Website.

Changes to Our Website Terms and Conditions

It is our policy to post any changes we make to our Website Privacy Policy on this page. The date the Website Privacy Policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Website Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Website Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Website Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Website Terms and Conditions will continue in full force and effect.

Contact Information

To inquire about these Website Terms and Conditions, contact us at:

Entire Agreement

These Website Terms and Conditions and our Website Privacy Policy constitute the sole and entire agreement between you and Palmetto State Growth Fund, Inc., regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.