Terms of Use

Welcome to our website at www.foundationcapital.com (the “Site”). Your use of the Site, including the content, materials and information available on or through the Site (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using the Site, you acknowledge that you have read and agree to these Terms.

Who We Are

Foundation Capital (“Foundation Capital”) consists of a collection of investment fund and other entities. This Site is maintained and operated by Foundation Capital, LLC which provides administrative and other services to such entities. In accordance with industry custom, the 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. In accordance with industry custom, certain individuals associated with our firm may have titles that include the words “partner” or “general partner.” Those titles are not intended to imply that any such individual is actually a “partner” of any partnership or that any specific partnership exists.

General Disclaimer

ALL MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. FOUNDATION CAPITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOUNDATION CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Although Foundation Capital has attempted to provide accurate information on the Site, Foundation Capital assumes no responsibility for the accuracy or completeness of the information. Foundation Capital may change the programs or products mentioned on the Site at any time without notice, but Foundation Capital makes no commitment to update the programs or products mentioned on the Site in any respect. Mention of non-Foundation Capital products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Please interpret any statement we make (on the Site, in our newsletter or otherwise) in that context.

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 Materials or otherwise.

Third-Party Sites

The Materials may contain links to third party websites. We accept no responsibility for third-party sites available through the Site, via hyperlink or otherwise, and you are encouraged to review the terms of use applicable to those sites.

No Offer, Solicitation or Advice

Nothing on the Site is intended to constitute (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 a Foundation Capital entity in writing, neither the Site nor any of the Materials make any effort to present a comprehensive or balanced description of Foundation Capital or its investment activities.

Information You Submit; Privacy Policy

Please 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 we review, and the similarity of many such plans and materials, 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. Any information you submit in connection with the Site may be used by us for any purpose, as we determine in our sole discretion. We reserve the right to track visitors to, and usage of, the Site through “cookies” and similar techniques and to use any resulting information as we determine in our sole discretion.

For information regarding our treatment of personally identifiable information, please review Foundation Capital’s current Privacy Policy.

Restrictions on Use; No License

We reserve all rights with respect to the design and content of the Site. In particular, you must not misappropriate the design or content of the Site and you must not alter or deface such design or content in any way. Nothing on the Site grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

Ownership of Copyrights, Trademarks, Etc.

All trademarks, service marks, trade names, logos, graphics, content, icons, images, video clips and other Materials on the Site are protected by United States and foreign copyright, trademark and other applicable laws, and are the exclusive property of Foundation Capital. All trademarks, service marks, trade names, and logos displayed on the Site are proprietary to Foundation Capital, its affiliates or their respective third-party owners. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited.

Limitation of Liability

FOUNDATION CAPITAL WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY FOUNDATION CAPITAL MATERIALS OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF FOUNDATION CAPITAL MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Modification of these Terms

We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

Miscellaneous

Foundation Capital may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach any of these terms or conditions or for any other reason. The Site is operated and controlled by the Foundation Capital in the United States. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of the Site or the Materials, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This arbitration clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 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 Capital related 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, and are not assignable, transferable, or sublicensable by you except with Foundation Capital’s prior written consent. These Terms may be assigned by Foundation Capital in whole or part. 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. Both parties agree that these Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Foundation Capital in any respect whatsoever.

Contact Information

Any questions regarding these Terms should be sent to darmstrong@foundationcap.com.

Effective Date: December 21, 2017