Terms Of Use

IMPORTANT NOTICES AND TERMS OF USE

Please read these terms carefully before using this website.

Terms of Use

OpenView Advisors, LLC d/b/a OpenView Venture Partners (“OpenView,” “we” or “us”) provides this website (the “Site”) as an information service to our investors, companies and visitors. By using the Site or copying materials from the Site, you agree to abide by the terms and conditions of this Terms of Use Agreement (the “Agreement”). If you do not agree to abide by this Agreement, do not use the Site or any materials available on the Site.

Legal Considerations

Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.  Nothing on this Site should be interpreted as investment advice, or an endorsement or recommendation, or an offer or solicitation of an offer to buy, an interest in a fund or any other security or investment product. The information on this Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this Site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances. You acknowledge that specific transactions included on the Site are representative. Representative transactions may not include a complete list of all or current OpenView investments. Past performance of representative transactions is no guarantee of future results. It should not be assumed that investments made in the future will be profitable or equal to the performance of previous investments. You agree that such information should not be construed as an offer or solicitation of any security or investment product, nor should it be interpreted to contain a recommendation for the sale or purchase of any security or investment product.

Information Provided By You

Please do not send OpenView anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provided to OpenView will not be considered confidential or proprietary. We receive a large number of business plans, and we reserve the right to review only those plans that we believe fit our criteria for investment. We also reserve the right to reject plans in our sole discretion, and we are under no obligation to return any materials to the sender. We expect to receive many similar plans and ideas. Therefore, you understand that your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.

Privacy Statement

To understand our privacy practices, please review our Privacy Policy which governs our policies with respect to information that is collected through this Site.

Information on this Site

OpenView does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this Site. The information set forth in this Site may contain inaccuracies and typographical errors. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk.

THIS SITE AND THE INFORMATION AND MATERIALS ON THIS SITE (INCLUDING THE “CONTENT”, AS DEFINED BELOW) ARE PROVIDED “AS IS.” OPENVIEW SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Restricted Website

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 partnership agreements of the venture capital funds managed by OpenView (the “OpenView Funds”). As a limited partner of one or more of the OpenView Funds, or a representative of such a limited partner, you are subject to those confidentiality provisions. By use of the Restricted Website you agree that the information relating to OpenView 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 OpenView 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 OpenView 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.

Limitations of Damages

IN NO EVENT SHALL OPENVIEW, ITS SUBSIDIARIES, AFFILIATES, AND/OR THEIR RESPECTIVE PARTNERS, STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (THE “OPENVIEW PARTIES”) BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE OPENVIEW PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification and Release

By accessing this Site, you agree to indemnify the OpenView Parties and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Site. In addition, you hereby release the OpenView Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases.

Third-Party Sites

As a convenience to you, OpenView may provide links to web sites operated by other entities (each, a “Third-Party Site”). If you use these Third-Party Sites, you will leave this Site. If you decide to visit any Third-Party Site, you do so at your own risk. In addition, Third-Party Sites may be linked to this Site, with or without our consent. OpenView makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any Third-Party Sites linked to or from this Site or the information appearing thereon or any of the products or services described thereon. Links do not imply that OpenView endorses, or is affiliated or associated with, the owner of such linked Third-Party Site or that OpenView is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of OpenView or any of its affiliates.

Changes

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Site or this Agreement in whole or in part, at any time. Changes will be effective when posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes.

We may also terminate, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Intellectual Property

You may not copy or display for redistribution to third parties any portion of the content without the prior written permission of OpenView. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement.  No other use is permitted without our prior written consent.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of OpenView (the “OpenView Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of OpenView.  Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the OpenView Trademarks, the “Trademarks”).  Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of OpenView specific for each such use.  The Trademarks may not be used to disparage OpenView or the applicable third party, OpenView or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any web site is prohibited without OpenView’s prior written consent.  All goodwill generated from the use of any OpenView Trademark shall inure to OpenView’s benefit.

Miscellaneous

This Site (excluding any linked Third-Party Sites accessible via the Site) is controlled by OpenView within the Commonwealth of Massachusetts. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of the Commonwealth of Massachusetts by accessing this Site, both you and OpenView agree that the statutes and laws of the Commonwealth of Massachusetts will apply to all matters relating to the use of this Site, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this Site shall only be brought in the courts of the Commonwealth of Massachusetts. OpenView makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

This Agreement constitutes the entire agreement between OpenView and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder shall continue in full force and effect.  Failure of OpenView to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other of this Agreement.

Unless otherwise indicated, the content of this Site, including but not limited to the text and images herein and their arrangement (the “Content”), is owned by OpenView and is protected by applicable copyright laws.

Copyright ©2016 by OpenView Advisors, LLC d/b/a OpenView Venture Partners.  All Rights Reserved.