Terms of Use and Legal Information
By accessing this site, you signify your agreement with and understanding of the following Terms of Use and Legal Information pertaining to both this site and any material in it. This site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions, and notices. FirstMark Capital, LLC (“FirstMark”) reserves the right to change the terms, conditions, and notices under which this site is offered without further notice to you. Your continued use of this site shall signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to this site, which additions and modifications can be made at any time. This site and your access to it can be terminated at any time, with or without notice and for any reason.
Ownership of Site and Trademarks
FirstMark owns and maintains this site and the materials herein unless otherwise indicated. You are hereby granted a limited, non-exclusive, non-sublicensable license to view the materials on this site for your personal non-commercial use only and to download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact the terms and conditions herein including all copyright and other proprietary notices. The use of any such material on any other Web site or networked computer environment is prohibited. The mark “FirstMark Capital”, and the “FirstMark Capital” logo, are federally registered service marks, or service marks, of FirstMark that are protected under the United States federal and state law. Unless otherwise indicated, FirstMark also claims rights in certain other trademarks and service marks contained in this site. Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark displayed at the site. No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the site to a human-perceivable form. FirstMark reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this site. Anything that you transmit to this site becomes the property of FirstMark, may be used by FirstMark for any lawful purpose, and is further subject to disclosure as deemed appropriate by FirstMark, including to any legal or regulatory authority to which FirstMark is subject. FirstMark has the right to read, use, distribute, reproduce, disclose or otherwise handle such transmitted information.
No Offer of Securities – Disclosure of Interests
Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any investment fund managed by FirstMark. The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Any such offer or solicitation will be made only by means of the Confidential Private Offering Memorandum relating to the particular fund. Access to information about the funds is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.
Disclaimers
FirstMark does not represent that the quoted individuals approve or disapprove of the investment advisory services that FirstMark provides its clients. These quotes were not selected on a performance-based criteria.
One should not assume that all investments in the companies identified are or will be profitable.
No Reliance
While FirstMark uses reasonable efforts to update the information on this site, FirstMark makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Any contents at this site are subject to change without notice.
Material to be Consulted in its Entirety
All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions and disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Linked Sites
FirstMark has not reviewed any of the sites linked to this site, and is not responsible for the content of off-site pages or any other site linked or linking to the site. Your linking to any off-site pages or other sites is at your own risk.
No Warranty
The materials at this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. Specifically, FirstMark expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. FirstMark further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. FirstMark shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall FirstMark be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if FirstMark or a FirstMark authorized representative has been advised of the possibility of such damages. In no event shall FirstMark have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this site.
Other
All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other FirstMark site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of New York. In the event any portion of these Terms of Use and Legal Information is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and Legal Information, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use and Legal Information. You agree that your breach of these Terms of Use and Legal Information may result in irreparable harm to FirstMark which cannot be compensated by money damages, and that FirstMark shall be entitled to obtain injunctive relief for any such breach.
Last Modified: July 1, 2008
Copyright Notice: Copyright © FirstMark Capital, LLC 2008. All rights reserved.