All Materials are provided “as-is” and “as-available,” and all warranties, express, implied or statutory, are disclaimed (including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights). The Materials may contain errors or other problems. Your use of the Website and use or reliance upon any of the Materials on the Website is solely at your own risk. In no event will Mayfield Fund, its affiliates, agents, licensors or suppliers be liable to you or anyone else for any decision made or action taken by you in reliance on such Materials or the Website. No representations, warranties or guarantees whatsoever are made as to the availability, accuracy, adequacy, reliability, correctness, completeness, timeliness, suitability or applicability of any information or other Materials to a particular situation.
No Offer to Sell
No Material on this Website should be considered as an offer to sell or a solicitation of any offer to buy an interest in any investment fund managed by Mayfield Fund or its affiliates. Although the Website may include investment-related information, nothing on the 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 the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice.
Information You Submit
Do not submit any information or other materials that you consider to be confidential or proprietary. Because of the large number of business plans and related materials that Mayfield Fund reviews, and the similarity of many such plans and materials, Mayfield Fund cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of Mayfield Fund’s express written agreement to do so.
Although certain individuals may be identified on this Website as “General Partners,” such titles reflect business usage that is customary within the venture capital and private equity industry and are not intended to indicate that any such individual is actually a general partner of any partnership as those terms are used for legal purposes.
Restrictions on Use
You are permitted to download and print individual pages of the Website for personal and non-commercial purposes only. 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. Your use of the Website must not alter the original content of the Website. You agree to access the Website and use the information contained therein 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 Mayfield Fund 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.
All trademarks, service marks, trade names, logos, graphics, articles and other Materials, are protected by United States and foreign copyright, trademark and other applicable laws. All trademarks, service marks, trade names, and logos displayed on the Website are proprietary to Mayfield Fund or its affiliates or the respective third-party owner.
Transmissions to and from this Website
While reasonable efforts are made to ensure that the Website is secure, the security of the Website is not guaranteed. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Website may not be secure.
We May Monitor Activity on our Website
Mayfield Fund may, but has no obligation to, monitor and record activity on the Website for any reason or for no reason.
Except for the limited rights expressly granted above, nothing herein or contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Materials without the written permission of Mayfield Fund or such other third-party that may own the trademark displayed on the Website.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MAYFIELD FUND OR ITS AFFILIATES, AGENTS, LICENSORS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES , LIABILITIES OR INJURIES THAT RESULT FROM YOUR USE OF THE WEBSITE OR THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
Mayfield Fund’s 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 Mayfield Fund, its agents and employees to any user of the Website with respect to this Website is $100.
Indemnification; Hold Harmless
You agree to indemnify and hold Mayfield Fund, and affiliates, agents, members, partners, directors, employees, licensors and suppliers, harmless from any claims, losses, costs, damages, liabilities and expenses, including attorney’s fees, arising out of your use or misuse of the Website or violation of these Terms or from any decisions that you make based on such information.
Modification of the Terms
Mayfield reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. When we do, we will also revise the “effective date” on the Terms. Please check these Terms periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
The Website is operated and controlled by the Mayfield Fund in the United States. If it is illegal or prohibited in your country of origin to access or use the Website, then you should not do so. Those who choose to access this Website outside the United States access it on their own initiative and are responsible for compliance with all local laws and regulations.
Password Protected Areas
Access to certain portions of the Website may be password protected (such portions, the “Restricted Website”). Passwords should be kept strictly confidential and should not be shared with any other persons. Mayfield Fund reserves the right to terminate at any time any user’s access to password protected portions of this Website. 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 Mayfield 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 Mayfield Fund 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.
These Terms, and any disputes relating to these Terms or your use of the Website or Materials, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Any disputes relating to the above shall be resolved solely in the state or federal courts located in Santa Clara County, California.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, than that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
These Terms set forth the entire agreement between us with respect to the subject matter hereof and may only be modified in a written agreement executed by you and a Mayfield Fund authorized signatory. Mayfield’s Privacy Statement located at www.mayfield.com/legal/privacy is hereby incorporated herein by reference.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without consent, but may be assigned by Mayfield to an affiliate or successor without restriction. These Terms are binding on your successors and permitted assigns.
Any questions, concerns or complaints regarding these Terms should be sent to firstname.lastname@example.org or mail at Mayfield Fund, 2800 Sand Hill Road, Suite 250, Menlo Park, California 94025 to the attention of Privacy Officer.
Effective Date: January 31, 2012