Terms of Use and Regulatory Disclosures
YOU SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.
Welcome to the website of TCMI, Inc. (together with its affiliates, “TCV”, “we”, “our” or “us”). By accessing or using this Website (as defined below), you acknowledge that you have read these Terms of Use, our Privacy Policy in its entirety and agree to it. These Terms of Use constitute a legally binding agreement between you and TCV and govern your access and use of this Website (including the Restricted Website (as defined below)) (collectively referred to as this “Website”). As a condition to your use of this Website, you agree that you will not use this Website for any purpose that is unlawful or prohibited by the terms set forth herein.
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. Your limited right to use this Website is subject to your agreement to abide by these Terms of Use, as well as any other laws, procedures or policies that govern any portion of this Website. We may revoke your right to use all or any portion of this Website at any time, for any reason.
If you have any questions or comments about these Terms of Use, you can e-mail us at privacy@tcv.com or write to us at 7 Bryant Part, 24th Floor, New York, NY 10018.
Confidentiality
The information contained in the password-protected “Investor Login” portal accessible via our 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 using 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 Restricted Website or otherwise on our 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.
Ownership; Permitted Uses of Our Website and Content
This Website is owned and operated by us. All content included on this Website, such as documents, charts, graphics, photos, information, applications, trademarks, logos, articles and other materials, is the property of TCV or others and is protected by copyright, trademark 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.
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, services or other materials or content obtained from this Website. You may not link other websites to this Website without the express prior written permission of TCV. You may download only one temporary copy of the information (if the download feature is provided by us as an option to you) 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 and you otherwise comply with your obligations such as confidentiality. You may not allow others to use your user name or password to access or use this Website or the Restricted Website.
Solely for convenience, the trademarks and copyrights referred to on our Website, in the Privacy Policy or in these Terms of Use may be listed without the ©, ® and ™ symbols, but we will assert, to the fullest extent under applicable law, our rights or the rights of the applicable licensors to these trademarks, service marks and tradenames. The use of any TCV trademark without our express written consent is strictly prohibited.
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 this 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 1st Floor, 11 Charles II Street, London, SW1Y 4QU, 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 non-commercial 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.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this Website’s infrastructure, or use any device or computer software to interfere or attempt to decipher, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Website, including any of the software comprising or in any way making up a part of this Website. You also agree not to scrape, translate, decode or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process to monitor or copy any portion of the Website, content on the Website or the data generated therefrom.
We may, without prior notice or warning of any kind, restrict or terminate the access of any and all users to the Website for any reason, including if we reasonably conclude that such restriction or termination is necessary to prevent or to prevent the further spread of a virus, security breach or system malfunction of any kind, the misuse of our Website or content or the violation of the rights of any person.
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 and cannot 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: privacy@tcv.com.
Submissions
We welcome any questions, comments or other content you choose to submit to us through the Website (including through e-mail links). Please be advised that we have the right to use, for any purpose, any ideas, concepts, know-how, techniques or other information or content provided by a Website user to TCV through this Website, including the right to (and allow others to) use, copy and distribute any questions, comments or other content that you submit to us, without notifying you or providing any compensation to you.
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 account credentials, including your password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your account credentials and password and not to allow any other person to use your account credentials and password or otherwise 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 account credentials and/or password.
If we have not explicitly granted you access to 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, such as those available 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 at www.tcv.com/privacy-policy/, for a description of the types of information we collect and process 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 Website outside the United States do so on their own initiative and are responsible for their compliance with all local laws and regulations.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT WE PROVIDE THIS WEBSITE AND THE CONTENTS OF THIS WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OF ANY KIND. WE DO NOT MAKE AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND WITH RESPECT TO THE WEBSITE AND ITS CONTENT, 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, OR THAT THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK.
LIMITATION OF 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.
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 and Supension
TCV reserves the right to modify or terminate this Website, and to suspend or 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. You agree to waive trial by jury in any such action. 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.
No Affiliation with TCV & Partners
TCV has received a number of inquiries from individuals, organizations, and vendors attempting to contact TCV & Partners. Please be advised that our company, TCV, has no affiliation with TCV & Partners. We understand that TCV & Partners has set up a website offering investment services, purporting to have the same address as TCV's London office. Any communications, or investment-related advice, received from TCV & Partners and/or individuals purporting to be employees of TCV & Partners is not genuinely from TCV or any of its affiliates.
General
Any failure or delay by us in enforcing an obligation or exercising a right under these Terms of Use does not amount to a waiver of that obligation or right or of any other obligation or right. 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 you and TCV with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you 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.