Terms of Use

Updated March 2022

 

USERS SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE.

 

This website contains information about Aviv Growth Partners LLC, AGP LLC, AGP Ventures LLC, its funds and its affiliates (collectively "AGP"). 

 

By accessing or using this website, you acknowledge that you have read these Terms of Use in their entirety and agree to abide by them.  These Terms of Use constitute a legally binding agreement (the “Terms of Use”) between you and AGP and govern your access and use of the website.

 

By accepting these Terms of Use, you represent and warrant to AGP that you are authorized to enter into this agreement.  If you do not accept these Terms of Use, do not use this website. AGP 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.  We suggest that you review these Terms of Use periodically for changes.

 

NO OFFER OF SECURITIES OR ADVICE

 

The website contains general information about AGP and its portfolio and is directed at entrepreneurs interested in partnering with AGP. Nothing on this website is an offer or solicitation to buy or sell any security, including, without limitation, any interest in any investment vehicles managed by AGP or any company in which AGP, any AGP fund, or any of their respective affiliates, have invested. Although the 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.

 

An offer regarding any AGP fund may only be made after receipt of a confidential private placement memorandum concerning a particular fund and the opportunity to discuss all matters concerning any prospective investment. This website is not intended for prospective investors in AGP funds and does not provide information material to an investor’s decision to invest in any AGP fund, including, but not limited to, risk factors. For such information, investors should refer to the relevant fund’s private placement memorandum.

 

The website may include current and historical portfolio companies. Such references are for illustrative purposes only and do not represent all AGP portfolio companies. 

 

The information contained in the website may include certain historical investment performance information and forward-looking statements relating to the AGP funds as well as to their underlying portfolio companies. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance.

 

OWNERSHIP OF INTELLECTUAL PROPERTY

 

This website may include articles, documents, links, graphics, logos, and other materials. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with AGP.

 

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 noncommercial use and benefit, and not for resale, redistribution 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 AGP or its portfolio companies.

 

You may not 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 of Use.

 

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.

 

COMMUNICATIONS

 

While we make commercially reasonable efforts to ensure that the website is secure, we do not guarantee the security of the website or your communications with us through the website. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure.  Communications to AGP, particularly those containing confidential information, may be sent by mail to: AGP LLC, 3 Idlewile Drive, Weston, Mass., 02493. AGP shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by you to AGP through this 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 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.

 

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 site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. In addition information collected from users outside the United States may be transferred to the United States and other countries.

 

DISCLAIMER OF WARRANTIES

 

You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind.  We disclaim all representations and warranties, express or implied of any kind with respect to the website, 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. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.

 

LIABILITY

 

Neither we nor any of our agents, members, managers, officers, directors or employees are responsible for any damages, liabilities or injury, including but not limited to direct, 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, whether arising under these Terms of Use or otherwise.  Our liability is limited to one hundred dollars ($100) or the maximum extent permitted by law, whichever lower, 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 AGP, our agents, members, managers, officers, directors and employees harmless from and against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of this website or your violation of these Terms of Use. In addition, you understand and agree that your use of this website is predicated upon your waiver of any right to sue AGP, our agents, members, managers, officers, directors and employees directly or to participate in a suit for any losses or damages resulting from your use of this website.

 

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

 

AGP may terminate your access to this website for any reason, without prior notice.  These Terms of Use shall survive any termination or expiration of your access to the website.

 

GOVERNING LAW

 

The laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these Terms of Use (including any disputes concerning or related to these Terms of Use).  You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Boston, Massachusetts for the purpose of resolving any dispute relating to your access to or use of the website.  You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action.

 

SEVERABILITY

 

If any provision of these Terms of Use are deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.  These Terms of Use constitute the entire agreement and understanding between you and AGP, and supersedes any prior agreement and understandings with respect to your access to or use of the website.