Terms of Service and Disclosures
We reserve the right to amend the Terms and Conditions from time to time. If we decide to change our Terms and Conditions, we will post those changes. Your continued use of the Site after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Mainsail Partners. If you do not meet all of these requirements, you must not access or use the Site.
Purpose of the Site; Permitted Uses of Our Site and Content
The information presented on or through the Site is made available solely for informational purposes in relation to Mainsail Partners and its financing and operational capabilities for prospective portfolio companies. Mainsail Partners does not solicit or make its services available to the public. Mainsail Partners does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Mainsail Partners disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
All Content on our Site is the intellectual property of Mainsail Partners or other parties and is protected by copyright and other intellectual property law. We have listed below the permitted uses of our Content by Site visitors. We reserve the right to change our permitted uses at any time.
You may copy and print individual pages of our Site. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Site. Any copies of our Site pages must not remove any copyright, trademark or other proprietary notices or other legends. You may not alter or modify the Content in your copies.
You may use and print minimal copies of our Content solely for your personal, non-commercial purposes. Unless you receive our permission in advance, you may not make more than minimal copies of our Content, exploit any of our Content commercially, forward it as a mass distribution, or post it on another Site.
References to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.
Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Mainsail Partners as of the date such statements were made. None of Mainsail Partners or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.
If you are submitting information to us in the manner described above, you are providing us with your consent to process your information.
While we make reasonable efforts to ensure that the Site is secure, we do not guarantee the security of the Site. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Site may not be secure. Communications to Mainsail Partners, particularly those containing confidential information, may be sent by mail to the intended recipient at the appropriate office address contained on this Site.
Prohibited Uses of Our Site and Content
Mainsail Partners has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you.
You may not link to this Site or display this Site as “framed” within another website. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site. You may not: send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; transmit any virus, worm, time bomb or similar system interference or corruptant through this Site; or use this Site to engage in any other unauthorized or unwelcome online conduct.
We reserve the right to change or supplement our policies as to prohibited uses at any time.
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Mainsail Partners, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions or otherwise resulting from your use of the Site. Mainsail Partners reserves the right to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Mainsail Partners for all liabilities, losses or damages. You agree to provide Mainsail Partners with whatever cooperation it reasonably requests.
No Offer or Investment Advice
The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.
An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
The information regarding specific portfolio companies is presented to illustrate examples of the types of investments that Mainsail Partners may have made or recommended as of a particular date. Such information is not intended to serve as a recommendation to invest in any company or investment described herein. Further, it may not be representative of any current or future investments, and the performance of these investments is not necessarily indicative of the performance of all investments made or recommended by Mainsail Partners. It should not be assumed that such investments were or will be profitable or that any portfolio company investments made in the future will equal the quality or performance of the companies identified herein. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is neither indicative or a guarantee of future results.
Mainsail Partners, Mainsail, the sailboat displayed on the Site and certain other marks displayed on this Site are trademarks and service marks of Mainsail Partners. You may not use any of Mainsail Partners trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with Mainsail Partners’ consent. All other trademarks or service marks on the Site that are not owned by Mainsail Partners are the property of their respective owners.
Links to Other Websites
This Site may contain links to, or may be linked from, other websites that are not maintained by us. Mainsail Partners does not endorse, have any responsibility for, or make any representations about, any other websites, including their products and services, content, communications and website use policies. Mainsail Partners expressly disclaims any responsibility for your access to or use of such other websites.
Limitations of Liability
You acknowledge and accept that: (1) notwithstanding the reasonable efforts by Mainsail Partners to avoid technological problems, the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that Mainsail Partners or its designee may take, Mainsail Partners or its designee cannot, and does not, guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).
Information on the Site 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 Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
Mainsail Partners will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Site and its contents, or a website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction, or from any action that you take or decision you make in reliance on any information contained in the Site.
This Site is provided by Mainsail Partners on an “as is” and “as available” basis. Mainsail Partners does not make and hereby disclaims any express or implied warranties, representations, or endorsements whatsoever, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or warranties of title or non-infringement, as to the operation of this Site or the information included on this Site. Mainsail Partners does not warrant that the information in this Site is accurate, reliable, or correct, that this Site will be available at any particular time or location, or that this Site is free of viruses or other harmful components.
Mainsail Partners makes no claims that this Site is appropriate or lawful for use or access outside the United States. Access to this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside the United States, you do so at your own risk.
The information contained in the password-protected portion of the website (the “LP Website”) is confidential and is subject to the confidentiality provisions contained in the governing agreements of the relevant entities to which you are a party. As a limited partner of one or more of the funds managed by Mainsail Partners (“Mainsail Partners Funds”), or a representative of such a limited partner, you are subject to those confidentiality provisions. By use of the LP Website, you agree that the information relating to Mainsail Partners Funds in which you are not a limited partner is subject to the same confidentiality restrictions that apply to you as a limited partner in any of the Mainsail Partners Funds. The information contained in the LP Website may not be reproduced or redistributed in any manner.
The information contained in the LP Website may include material non-public information regarding the Mainsail Partners 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.
Password Use, Security and Notification
If you have received a password to access the LP Website, you acknowledge and agree that we have granted you limited access to specific files pertaining to Mainsail Partners 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 LP Website. You agree to notify Mainsail Partners 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 LP Website, you agree not to attempt to access computer files in the LP Website.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.
Mainsail Partners may terminate your access to this Site for any reason, without prior notice.
You may not assign or otherwise transfer these Terms and Conditions or your rights or obligations under it without Mainsail Partners’ prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. Mainsail Partners may assign these Terms and Conditions or any rights under these Terms and Conditions without your consent and without notice. Nothing in these Terms and Conditions may be used to construe you and Mainsail Partners as joint venturers, co-employers, partners or agents of each other, and neither you nor Mainsail Partners has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms and Conditions shall nonetheless remain in full force and effect. The failure of Mainsail Partners at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms and Conditions against or relating to Mainsail Partners or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of any state or federal court sitting in the County of Travis, Texas and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms and Conditions and any agreements included or referred to in these Terms and Conditions constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Headings and captions throughout these Terms and Conditions are for convenience only and should not be considered part of these Terms and Conditions. The word “including” means “including without limitation.”
If you have any questions or concerns about these Terms and Conditions or any issues raised in these Terms and Conditions or on the Site, please contact [email protected].