You should carefully read the following terms and conditions (the "Terms"). The Terms govern your use of this website (this "Site"), including the content, materials and information available on or through this Site. The Site contains general information about Foundation Partners and our portfolio companies and is directed at management teams interested in partnering with Foundation Partners. By using this Site, you acknowledge that you have read, understood and agree to the Terms. If you do not agree to abide by these Terms, do not use this Site.
WHO WE ARE
Foundation Partners is a private equity firm. Its investment adviser is Foundation Capital Mgmt, LLC. In accordance with industry custom, this Site occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence. Also, although certain individuals are identified on this Site as "Partners" or "General Partners," these titles reflect business usage that is customary within our industry and are not intended to indicate that any such individual is actually a partner or general partner of any partnership as those terms are used for legal purposes.
PRIVACY, CONFIDENTIAL INFORMATION AND USE OF SITE GENERALLY
We reserve the right to track visitors to, and usage of, this Site through "cookies" and similar techniques and to use any resulting information as we determine in our sole discretion.
We cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Please consider this carefully before sending us any information that you deem confidential or proprietary.
By using the Site, you agree not to: (1) take any action that imposes an unreasonable load on the Site’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted on the Site by Foundation Partners or any other person or entity, or (5) frame or link to any of the materials or information available on the Site.
NO OFFER, SOLICITATION OR ADVICE
The purpose of this Site is limited to providing you with general information about us. Nothing on this Site is intended to constitute or forms a part of (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by an Foundation Partners entity in writing, this Site does not make any effort to present a comprehensive or balanced description of Foundation Partners or its activities.
This Site contains material, including but not limited to text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips, and software (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.
You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms. You may use Content from the Site solely for your personal use. No other use is permitted without our prior written consent; for example, the Content and Site may not be distributed, republished, uploaded, posted, or transmitted in any way, without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Site will automatically terminate and you will immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Foundation Partners (the "Foundation Trademarks") used and displayed on this Site are registered and unregistered trademarks or service marks of Foundation Partners. Other product and service names located on the Site may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with the Foundation Trademarks, the "Trademarks").
Nothing on this Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Foundation Partners specific for each such use. The Trademarks may not be used to disparage Foundation Partners or the applicable third-party or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Foundation Trademark will inure to our benefit.
THIRD-PARTY SITES AND INFORMATION
RESTRICTIONS ON USE; NO LICENSE
We reserve all rights with respect to the design, look and feel and content of this Site, such as text, images, photographs, audio and code used to generate the pages of this Site. In particular, you must not misappropriate the design or content of this Site and you must not alter or deface such design or content in any way. Use of the Site does not grant you a license to any content, features or materials you may access on this Site.
LIMITATION OF LIABILITY
ALL CONTENT IS PROVIDED "AS IS," MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND IS NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, we make no representations or warranties with regard to the Content’s accuracy, completeness, non-infringement or fitness for a particular purpose.
Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Content or otherwise.Except as specifically agreed to by an Foundation Partners entity in writing, no Foundation Partners entity, any of their affiliates, or any of their respective directors, officers, employees, agents, or content or service providers ("Foundation Parties") will be liable liability for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, your use of, or reliance upon, this Site. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the Foundation Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Content or Site. Foundation Partners will provide notice to you of any such claim, suit, or proceeding. Foundation Partners reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this provision. In such case, you agree to cooperate with any reasonable requests assisting Foundation Partners’s defense of such matter.
This Site is operated and controlled by Foundation Partners in the United States. If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so. Those who choose to access this Site outside the United States access it on their own initiative and are responsible for compliance with all applicable local laws and regulations.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.U.S. Government Restricted Rights.
The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
These Terms, and any disputes relating to these Terms or your use of this Site, will be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Foundation Partners entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.
These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Foundation Partners individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing.
These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
Effective Date: August 1, 2020