Legal – Goodwater Capital

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  • Privacy Policy

Terms of Use

GOODWATER CAPITAL TERMS OF USE

Last Modified: July 24, 2017

Welcome to goodwatercap.com, a website of Goodwater Capital, LLC (“Goodwater,” “we,” “our,” or “us”). This page includes the terms by which you may access and use our website (the “Site”), including the Goodwater Content (defined below) made available on the Site or sent to you by email when you sign up directly with us to receive our materials.

By accessing or using our Site or by accessing or signing up to receive the Goodwater Content, you signify that you have read, understood, and agree to be bound by these Terms of Use, together with all agreements expressly incorporated by reference (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy, available at [http://www.goodwatercap.com/legal#privacy]. Please carefully review our Privacy Policy to learn how we collect and use your information before accessing or using our Site or the Goodwater Content or providing your information to us. This Agreement applies to all visitors, users, and others who access or use the Site or the Goodwater Content or provide information directly to us to receive the Goodwater Content (“Users”).

Please read this Agreement carefully to ensure that you understand each provision. To the extent permitted by applicable law, this agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Use of Our Site and Content

  1. You may use the Site and the Goodwater Content only if: (i) you are in compliance with this Agreement and all applicable laws, rules and regulations; (ii) you are at least eighteen (18) years of age; and (iii) you have not been previously removed from the Site.
  2. Access to the Site. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Site and the Goodwater Content solely for your personal, noncommercial use. Goodwater reserves all rights not expressly granted herein in the Site and the Goodwater Content. Goodwater may terminate this license at any time for any or no reason. Even after your license to access and use the Site and the Goodwater Content is terminated, this Agreement, including all of your obligations under this Agreement prior to such termination, will remain in full force and effect and will govern any and all disputes arising out of your access and use of the Site and the Goodwater Content.

2. Our Proprietary Rights

The Site and all materials therein, including, without limitation, products, reports, analyses, insights, data, information, images, text, graphics, illustrations, logos, photographs, audio, videos, music, and other content (the “Goodwater Content”), and all trademarks, service marks, copyrights, and other intellectual property rights and proprietary rights related thereto, are and will remain the exclusive property of Goodwater and its licensors.

3. No Investment Advice/Accuracy of Content

Goodwater provides financial and industry information and analysis regarding venture capital companies as part of the Goodwater Content on or through the Site and by email to those who have signed up to receive materials from us. Such information is for general informational purposes only and should not be construed as investment advice or other professional advice. Although this Site may be deemed to be an advertisement for our investment advisory services under the Investment Advisers Act of 1940 or state securities laws, Goodwater provides investment advice solely to privately offered venture capital funds pursuant to a written investment management agreement with each fund. Goodwater does not provide investment advice through this Site or by email, and does not provide investment advice through the Goodwater Content.  Any use of the Site or the Goodwater Content and any reliance upon or decisions made using the information contained in the Site or the Goodwater Content, including any trading or investment decisions or strategies, are made strictly at your own risk. If investment or other professional advice is required, the services of a competent, licensed professional should be sought.  No employee, consultant, agent or representative of Goodwater is authorized to provide any such advice of any nature, and any such advice, if given, is in violation of Goodwater’s policies, is unauthorized and may not be relied upon or used as the basis for making investment or other decisions. Also, we do not represent, warrant, or guarantee that any contributor to the Goodwater Content has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, including, without limitation, as to the subject matter to which their contributions relate. None of the information constitutes a solicitation, offer, opinion, or recommendation by Goodwater to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or other investment. At the time of issuance of the Goodwater Content, Goodwater did not and will not hold any interest in any issuer discussed in the Goodwater Content.

4. Prohibited Activities

Use of the Site and the Goodwater Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You agree not to engage in any of the following prohibited activities: (i) accessing or using the Site or the Goodwater Content in a way that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for Goodwater to lose (in whole or in part) the services of our ISPs or other suppliers; (ii) renting, leasing, sublicensing, selling, transferring, assigning, redistributing, hosting, or otherwise commercially exploiting the Site or the Goodwater Content or any part thereof; (iii) except as expressly stated in this Agreement, copying, reproducing, distributing, disclosing, republishing, downloading, posting, displaying or transmitting any part of the Site or the Goodwater Content in any medium, including without limitation by “scraping”; (iv) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to Goodwater servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Goodwater grants the operators of public search engines revocable permission to use spiders to copy publically available materials from goodwatercap.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) interfering with the proper working of the Site; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) modifying, making derivative works of, disassembling, reverse compiling, attempting to find the source code of, or reverse engineering any part of, the Site or the Goodwater Content; (x) accessing any content on the Site through any technology or means other than those provided or authorized by the Site.

5. Third-Party Links and Information

The Site and communications from Goodwater may contain links to third-party materials that are not owned or controlled by Goodwater. Goodwater does not endorse or assume any responsibility for any such third-party materials, including, without limitation, third-party sites, information, products, or services. You expressly waive and release Goodwater from any and all liability arising from your use of any third-party website, service, or content.

6. Modification and Termination of the Site

Goodwater reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part of it, including, without limitation, your access to the Goodwater Content) or its distribution of the Goodwater Content to you, with or without notice. You agree that Goodwater shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or provision of the Goodwater Content. Goodwater may also make improvements and/or changes in its products, services and/or content at any time without notice. However, Goodwater disclaims any responsibility to update, improve or change the Site or the Goodwater Content.

7. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Goodwater and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, service providers, consultants, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your access to and use of the Site and the Goodwater Content; (ii) your violation of any term of this Agreement; (iii) your infringement, misappropriation or other violation of any third-party rights, including without limitation, any right of privacy or publicity, intellectual property rights or other proprietary rights; (iv) your violation of any applicable law, rule or regulation; or (v) your gross negligence or willful misconduct.

8. No Warranty

The Site and the Goodwater Content is provided on an “as is,” “where is” and “as available” basis. To the maximum extent permitted by applicable law, the Site and the Goodwater Content are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice, information or materials, whether oral or written, sent to you directly from Goodwater or obtained by you through the Site or any Goodwater communication, will create any warranty not expressly stated herein. Without limiting the foregoing, Goodwater and its licensors do not warrant that the Goodwater content is accurate, reliable, complete, current or correct; that the Site will meet your requirements; that any defects or errors will be corrected; or that the Site is free of viruses, malware or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Goodwater, its affiliates, agents, directors, employees, suppliers, service providers, consultants or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site or the Goodwater Content.

To the maximum extent permitted by applicable law, Goodwater assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Site or Goodwater content; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (III) any interruption or cessation of transmission to or from the Site; (Iv) any bugs, viruses, malware, trojan horses, or the like that may be transmitted to or through our site by any third party; and/or (v) any errors or omissions in any Goodwater Content or for any loss or damage incurred as a result of the use of any Goodwater Content posted, emailed, transmitted, or otherwise made available through the Site. In no event shall Goodwater, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs exceeding, in an aggregate amount for all claims, the lesser of (a) your actual direct damages or (b) $500.00 U.S. Dollars.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Goodwater has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

  1. Governing Law. This Agreement and any and all actions related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof.
  2. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Goodwater. For any dispute with Goodwater, you agree to first contact us at info@goodwatercap.com and attempt to resolve the dispute with us informally. In the unlikely event that Goodwater has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Mateo County, California, unless you and Goodwater agree otherwise. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Goodwater from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
  3. Class Action/Jury Trial Waiver. To the extent permitted by applicable law, with respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Goodwater are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

11. General

  1. Notification Procedures and Changes to the Agreement. Goodwater may provide notifications to you via email notice or through posting of such notice on our Site. Goodwater may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. Your continued use of the Site and/or the Goodwater Content after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Site or the Goodwater Content.
  2. Severability. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  3. California Residents. The provider of the Site and the Goodwater Content is: Goodwater Capital, 240 Lorton Ave, 3FL, Burlingame, CA 94010, info@goodwatercap.com. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Privacy Policy

Goodwater Capital Privacy Policy

Last Modified: July 24 2017

Goodwater Capital (“Goodwater,” “we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy, which is incorporated into and is subject to the Goodwater Capital Terms of Use, explains how Goodwater collects, uses, and shares your personal information. By accessing or using our website (the “Site”), by signing up on the Site to receive our content, or by otherwise providing your information to us, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Use.

1. How We Collect and Use Information

  • How we collect information. We collect information that you provide to us directly. We may collect personal information, such as your name, phone number, and email address when you access or use our Site or when you register for our mailing list or otherwise communicate with us.
  • Information we collect from social networks. When you interact with our Site through social media, such as when you follow Goodwater or share our content on Facebook, Twitter, LinkedIn or other sites, we may receive information from those social networks including your email address, profile information, picture, user ID associated with your social media account, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third party websites and services before linking or connecting them to our Site.
  • Information we receive from third parties. From time to time, we may receive information about you from third party information providers, or through mergers and acquisitions, and combine this with information previously collected. In these cases, this Privacy Policy governs the handling of the combined personal information.

We use this information to operate, maintain, and provide to you the features and functionality of our Site, as well as to communicate directly with you, such as to send you email messages about the Site and to provide you our materials and content. We may also send you emails or messages about the Site or the content (e.g., changes or updates to features of the Site, technical and security notices). For more information about your communication preferences, see “Control Over Your Information” below.

2. How We Use Cookies and Other Tracking Technology To Collect Information.

We, and our third-party partners automatically collect certain types of usage information when you visit our Site, read our emails, or otherwise engage with us. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, file information and similar technology (collectively, “tracking technologies”). For example, we collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser and other such information. We also collect information about the way you use our Site, for example, the site from which you came and the site to which you are going when you leave our Site, the pages you visit, the links you click, how frequently you access the Site, whether you open emails or click the links contained in emails, whether you access the Site from multiple devices, and other actions you take on the Site. We may collect analytics data, or use third-party analytics tools, including Google Analytics, to help us measure traffic and usage trends for the Site and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.

We may use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our Site; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site; (f) diagnose or fix technology problems; and (g) otherwise plan for and enhance our Site.

If you would prefer not to accept cookies, most browsers will allow you to: (a) change your browser settings to notify you when you receive a cookie, which lets you choose whether to accept it; (b) disable existing cookies; or (c) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using the Site, as some features on our Site may not work properly. Depending on your operating system, you may not be able to delete or block all cookies. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. You can learn more about Flash objects – including how to manage privacy and storage settings for Flash cookies – on Adobe’s website. If you choose to delete Flash objects from our Site, then you may not be able to access and use all or part of the Site or benefit from the information and features offered.

We and our third party partners may also use cookies and tracking technologies for advertising purposes. For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.

3. Sharing of Your Information

We may share your personal information as described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.

We may share your personal information with:

  • Third parties at your request;
  • To fulfill the purpose for which you provide it;
  • Other companies and brands owned or controlled by Goodwater Capital LLC and other companies owned by or under common ownership as Goodwater Capital, LLC, which also includes our subsidiaries (e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns. These companies will use your personal information in the same way as we can under this Policy;
  • To notify you about new products, content or services we offer or, in our discretion, about changes to our Site or any products, content, services or policies.
  • With third parties who may have products or services we think you may be interested in;
  • Third party vendors and other third party service providers or business partners who help us deliver or improve our Site or who perform services on our behalf, as needed to carry out their work for us, which may include identifying and serving targeted advertisements, providing mailing services, tax and accounting services, web hosting, marketing automation or analytic services;
  • The public when you provide feedback on our Site or user content on our social media. For example, if you comment on our social media sites, your information, such as your first name, last initial, and your comments, may be displayed on our Site or on our social media pages; and
  • Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings.
  • We may also share or disclose your personal information if we determine, in our sole discretion, that we are required to do so under applicable law or regulatory requirements, or if we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of law enforcement; (b) prevent harm or financial loss, or in connection with preventing fraud or illegal activity; and/or (c) to enforce our Terms of Use.
  • We reserve the right to transfer any information we collect in the event we sell or transfer all or a portion of our business or assets (including any shares in the company) or any portion or combination of our products, businesses and/or assets.
  • We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

4. Control Over Your Information

  • How to control your communications preferences: From time to time, we may send you emails regarding updates to our Site, content, materials, notices about our organization, or information about products or services we offer (or promotional content from us or third parties) that we think may be of interest to you. If you wish to unsubscribe from such emails, simply click the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of certain email communications (e.g., account verification, transactional communications, and changes/updates to features of the Site, technical or legal notices).
  • Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, or if you want to remove your name or comments from our Site or publicly displayed content, you can contact us directly at info@goodwatercap.com. We may not be able to modify or delete your information in all circumstances.

5. Third Party Tracking and Online Advertising

We may share, or we may permit third party online advertising networks, social media companies and other third party services, to collect information about your use of our Site over time so that they may play or display ads that may be relevant to your interests on our Site as well as on other websites or apps, or on other devices you may use. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including hashed data, click stream information, browser type, time and date you visited the Site, and other information. This information is used to display targeted ads on or through our Site or on other websites or apps, including on Facebook. We or the online advertising networks use this information to make the advertisements you see online more relevant to your interests.  As noted above, depending on your browser, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser. To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources and/or the Digital Advertising Alliance’s resources. You may also adjust your ad preferences through your Facebook settings. You may also be able to opt-out of some advertising by downloading the mobile AppChoices app. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@goodwatercap.com.

Facebook Custom Audience Ads.  We may work with Facebook to display interest-based ads to you or to your friends on Facebook through a tool offered by Facebook called the Custom Audience Tool. This tool allows us to personalize our ads based on you or your friends’ experience on our Site and with our mailing list in order to provide tailored ads. We do not share personal information about your activities on our Site with Facebook, but we share a hashed email address or phone number which permits Facebook to identify our advertising audience based on the information that Facebook collects from its users. If you do not want to receive interest-based ads on Facebook, you can adjust your ad preferences through your Facebook settings. If you do not want us to use your content to personalize advertising that we direct to your friends on Facebook, you may email us at info@goodwatercap.com.

6. How We Store and Protect Your Information

  • Data storage and transfer: Your information collected through our Site may be stored and processed in the United States or any other country in which Goodwater or its affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which the Goodwater or its parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
  • Keeping your information safe: Goodwater cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

7. Children’s Privacy

Goodwater’s Site and content are intended for use strictly by adults. We do not knowingly collect or solicit any information from anyone under the age of 13 on this Site. In the event that we learn that we have inadvertently collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at info@goodwatercap.com.

8. Links to Other Web Sites and Services

The Site and our communications with you may contain links to and from third party websites of our business partners, advertisers, and social media sites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies. We strongly recommend that you read their privacy policies and terms of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third party sites.

9. Changes to Privacy Policy

We reserve the right to change this Privacy Policy from time to time in our sole discretion. We will post changes on this page and indicate the “last modified” date at the top of this page. Please check back often for any updates. Your continued use of our Site after any change in this Privacy Policy will constitute your acceptance of such change.

10. Contact Us

For additional inquiries about this Privacy Policy, please send us an email at info@goodwatercap.com, or contact us at:
Goodwater Capital
240 Lorton Ave, 3FL
Burlingame, CA 94010