Welcome to our website at augustcap.com. Please read on to learn the rules and restrictions that govern your use of our website(s) and application(s) (the “Services”).
Who We Are
The Services are maintained and operated by August Capital Master Management Company, LLC, which provides various services to investment funds and entities related to August Capital and Lobby Capital. Following industry custom, the Services occasionally uses language that could be interpreted to suggest that our firm is one entity. However, our firm is actually composed of multiple entities that have their own separate legal existence. Further, as is customary in our industry, 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.
You represent and warrant that you are of legal age to form a binding contract and that you will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third-party, and only in a manner that complies with all laws that apply to you.
You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that: (i) infringes or violates the intellectual property rights or any other rights of anyone else (including us); (ii) violates any law or regulation, including any applicable export control laws; (iii) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (iv) violates the security of any computer network, or cracks any passwords or security encryption codes; (v) runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (vi) “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (defined below) through use of manual or automated means; (vii) copies or stores any significant portion of the Content; or (viii) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
We reserve the right, in our discretion and at any time, to remove any Content from the Services, suspend or discontinue any part of the Services, introduce new features or impose limits on certain features, or restrict access to parts or all of the Services.
Content Ownership and Licenses
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including our) rights. You understand that we own the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or commercially exploit any of the Services. If you contact us or provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “User Submission”), then you grant us a license to use and exercise all rights in that User Submission, in connection with the Services and/or otherwise in connection with our and our affiliates’ business(es).
Information You Submit
No Offer, Solicitation or Advice
Your use of the Services or communication with us is not (i) an indication that we or our affiliated funds will invest in any business you are associated with, (ii) an invitation to invest in us or our affiliated fund(s), nor (iii) investment advice or an offer to provide investment advice. You understand we are not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest.
Please refer to our website at augustcap.com for more information regarding our portfolio. Except as expressly stated by a one of our affiliated entities in writing, the Services do not make any effort to present a comprehensive or balanced description of our affiliated funds’ investment activities.
We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In addition, we will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
The Services and Content are provided by us (and our licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose.
Although we have attempted to provide accurate information in the Services, we assume no responsibility for the accuracy or completeness of the information. Furthermore, in connection with our investment activities, we may become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third-parties. Any statements we make in the Services 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 website or otherwise in that context. Any mention of products or services unrelated to us is for information purposes only and constitutes neither an endorsement nor a recommendation.
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 Services or otherwise.
Limitation of Liability; Indemnity
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall we (or our licensors, suppliers or affiliates) be liable to you or to any other person for any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction or any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
You agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or related to any third-party claims relating to your violation of these Terms.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. There are no third-party beneficiaries intended under these Terms. These Terms are the only agreement between the parties with respect to the subject matter herein; provided, however, that these Terms do not supersede any other agreements we may have with you with respect to different subject matter. Except for changes to the Terms by us (as described herein), no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.