Terms of use

TCMI, INC. TERMS OF USE

 

USERS SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.

Welcome to the TCMI, Inc. (together with its affiliates “TCV” or “we”) website.  By accessing or using this website, you acknowledge that you have read these Terms of Use in their entirety and agree to abide by them.  These Terms of Use constitute a legally binding agreement between you and TCV and govern your access and use of the website.  As a condition to your use of this website, you represent and warrant to, and agree with, TCV that you will not use this website for any purpose that is unlawful or prohibited by the terms of this agreement.

By accepting these Terms of Use, you represent and warrant to TCV that you are authorized to enter into this agreement.  If you do not accept these conditions, do not use this website. TCV may change, add or remove portions of the Terms of Use from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. Your use of the website indicates your full acceptance of these Terms of Use in its then current form each time you access the website.  We suggest that you review these Terms of Use periodically for changes.

Confidentiality

The information contained in the password-protected portion of the website (the “Restricted Website”) is confidential and is subject to the confidentiality provisions contained in the governing agreements of the private pooled investment vehicles sponsored or managed by TCV (the “TCV Funds”). As an investor of one or more of the TCV Funds, or a representative of such an investor, you are subject to those confidentiality provisions.  By use of the Restricted Website you agree that the information relating to TCV Funds in which you are not an investor is subject to the same confidentiality restrictions that apply to you as an investor in any of the TCV Funds.   The information contained in the website may not be reproduced or redistributed in any manner.

The information contained in the Restricted Website may include material non-public information regarding the TCV Funds and their underlying portfolio companies. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.

 This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website. You may not link other websites to this website without the express written permission of TCV. You may download one temporary copy of the information into one single computer’s memory solely for your own personal non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices shall be kept intact. You may not allow others to use your user name or password to access or use this website or the Restricted Website.

Ownership

All content included on this website, such as documents, charts, graphics, logos, articles and other materials, is the property of TCV or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with TCV.

Informational Purposes Only

This website is intended solely to provide information regarding TCV’s potential financing capabilities for prospective portfolio companies, and is not an offer to sell to any person, or a solicitation from any person of an offer to buy, any securities. Although the website may include investment-related information, nothing on this website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.  Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.  TCV provides investment advisory services only to the privately offered TCV Funds. TCV does not solicit or make its services available to the public or other advisory clients.  An offer regarding any TCV Fund may only be made after you have received a Confidential Offering Memorandum concerning that TCV Fund and have had the opportunity to discuss all matters concerning any prospective investment that you desire. This website does not provide all information material to an investor’s decision to invest in any TCV Fund, including, but not limited to, risk factors. For more information, please refer the TCV Fund’s Offering Memorandum and read it carefully before you invest.

In the United States of America, TCV operates as an SEC-registered investment adviser. In the United Kingdom, this website is issued by Technology Crossover Ventures UK, L.L.P. (“TCV UK”), a firm authorized and regulated by the Financial Conduct Authority that provides advisory services solely to TCV.  TCV UK is a limited liability partnership registered in England and Wales with registered number OC375145 and its registered address of 22 Bedford Row, London, WC1R 4JS, UK.

Restrictions on Use

You may not access the website or use the information contained in the website for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to access the website and use the information contained therein solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the website in any manner that could compete with the business of TCV or its portfolio companies.

Any person using this website is not permitted to decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the website except as explicitly permitted in these Terms of Use.

Risks you Assume by Using the Website

Information on the website speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the website.

Transmissions to and from this Website

While we make commercially reasonable efforts to ensure that the website is secure, we do not guarantee the security of the website.  Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure.  Communications to TCV, particularly those containing confidential information, may be sent by mail to:  compliance@tcv.com.  TCV shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to TCV through this website.

Password Use, Security and Notification

If you have received a password to access the Restricted Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to TCV Funds (“Approved Information”), and you agree not to attempt to access computer files other than the Approved Information.  You agree that you are responsible for all activities that occur in connection with or arising out of use of your password.  Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Restricted Website.  You agree to notify TCV immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

If you have not received a password to access the Restricted Website, you agree not to attempt to access computer files in the Restricted Website.

Third Party Websites

Please note that these Terms of Use apply only to this website and not to other websites that may be accessible from this website via hyperlink. We are responsible only for the content of our own website and we have no control over other websites that may be accessible from this website, the contents therein or the products/services offered thereby. If you access any third party website through our website or otherwise, you do so at your own risk. Hyperlinks to or from this website do not constitute third party endorsement of, sponsorship by or affiliation with us. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

We May Monitor Activity on our Website

TCV expressly reserves the right to monitor any and all use of this website.  Please see the Privacy Policy for our website, available here, for a description of the types of information we collect about visitors to our website and how we use this information.

International Use

Due to the global nature of the Internet, this website may be accessed by users in countries other than the United States. We make no warranties that materials on this website are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Disclaimer of Warranties

You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind. We disclaim all representations and warranties, express or implied of any kind with respect to the website, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of the website or any part of the information contained in this website. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.

This website may contain hyperlinks to websites operated by parties other than TCV. Such hyperlinks are provided for your reference only. TCV does not control such websites, and is not responsible for their contents. TCV’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.  References to any publication or any other company in this Website are for reference and informational purposes only and are not intended to suggest that TCV endorses, recommends or approves the services or products of such companies. News stories reflect only the author’s opinion and not necessarily that of TCV.

Liability

Neither we nor any of our agents, members, directors or employees are responsible for any damages, liabilities or injury, including but not limited to indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) this website or these Terms of Use. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction. Without limiting the foregoing, under all circumstances, the maximum liability of TCV, its agents and employees to any user of the website with respect to this website is $100.

In exchange for using this website, you agree to indemnify and hold TCV, our agents, members, directors and employees harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of this website, from your violation of these Terms of Use or from any decisions that you make based on such information.

Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in these Terms of Use shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

Termination

TCV reserves the right to modify or terminate this website, and to terminate your access to this website at any time, without prior notice.

Governing Law

You agree that your use of this website and any disputes relating to the website or these Terms of Use shall be governed in all respects by the laws of the State of California. Any dispute relating to the above shall be brought solely in the state or federal courts located in Santa Clara County, California and it is agreed that such courts shall have jurisdiction over the parties to these Terms of Use and any dispute arising hereunder.  Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

General

If any provision of these “Terms of Use” are deemed unlawful, void, or for any reason unenforceable, than that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.

TCV’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TCV’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by TCV with respect to such use.

You agree that no joint venture, partnership, employment or agency relationship exists between you and TCV as a result of this agreement or use of this Website.

This agreement constitutes the entire agreement between the user and TCV with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TCV with respect to this website. 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.

Any rights not expressly granted herein are reserved.