Last Revised: March 5th, 2017
Please read these terms and conditions of use carefully before accessing or using this website.
Welcome to Maverick Capital Foundation (“MCF”, “us,” “we,” or “our”). These Terms and Conditions of Use (“Terms of Use”) govern your use of the MCF website at www.maverickcapitalfoundation.com and any mobile versions (the “Website”) which is owned and operated by MCF. These Terms of Use also include by reference any additional terms and conditions applicable to the use of the Website that are posted by us from time to time through the Website, or otherwise made available to you by us. These Terms of Use apply only to the Website, and not to any other website operated by MCF or by third parties.
Please read these Terms of Use carefully. You are entering into a legally binding agreement, even if you are using the Website on behalf of a company or organization. Your use of the Website constitutes your consent to these Terms of Use. If you do not agree with any of these Terms of Use, please do not access or use the Website.
1. ELECTRONIC CONTRACTING
By accessing and using the Website, you agree to contract electronically with MCF, agree to these Terms of Use and acknowledge your acceptance of our Privacy Policy, which explains what information we collect, how we gather and use the information, our policies for protecting and disclosing information, and the options you have regarding your information. You agree that these electronic Terms of Use combined with your act of using our Website, have the same force and effect as your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds.
2. CHANGES TO THE TERMS OF USE; TERMINATION OF WEBSITE
MCF reserves the right, in our sole discretion, to make updates or changes to this Website and these Terms of Use at any time. The “Last Updated” legend above indicates when these Terms of Use were last modified. All changes are effective immediately upon posting to the Website. Continued use of the Website following the posting of revised Terms of Use will indicate your acknowledgment and agreement to be bound by the revised Terms of Use. For this reason, we encourage you to review these Terms of Use whenever you use our Website.
We may, at any time and without liability or providing notice to you, modify, suspend or discontinue the Website (including its functionalities and features), either temporarily or permanently. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Website, now or in the future.
3. AGE RESTRICTIONS & INTENDED USERS
This Website is intended for users who are at least 18 years old. If you are using the Website for the benefit of a child age 13 or older, please do not provide information relating to such child unless you have obtained the consent of the child’s parent or legal custodian or guardian, including their consent to our Privacy Policy. We do not allow the Website to be used by or for the benefit of anyone under the age of 13.
4. USE OF THE WEBSITE
By using the Website, you agree not to engage in prohibited conduct, including but not limited to the following:
We further reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing.
5. LICENSE AND USE
Subject to your compliance with these Terms of Use, MCF grants you a limited, revocable, nonexclusive and nontransferable license to view, store, bookmark, download, copy and print pages from the Website, in each case, solely for your personal and non-commercial use. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by MCF or its licensor. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any such Contents for commercial use.
6. RESTRICTIONS ON USE WEBSITE
All Contents that are part of the Website, and other intellectual property rights in the Website, are retained by MCF, our partners or our licensors, and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
No right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by MCF. Except as expressly provided in these Terms of Use, you are expressly prohibited from copying, selling, assigning, licensing, renting, reproducing, distributing, modifying, disassembling, decompiling, reverse engineering, creating derivative works of, publicly displaying, publicly performing, marketing, downloading, storing, transmitting, disclosing, or otherwise exploiting any part of the Website or any Content available on or through the Website without MCF’s express prior consent.
Any trademarks, logos, service marks, and product marks displayed on the Website are the registered and unregistered marks of MCF unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MCF. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.
7. USER SUBMISSIONS
While we welcome your inquiries or feedback, MCF does not accept or consider unsolicited proposals. Please do not send any such unsolicited proposals.
Our Website may contain certain features that allow users like you to transmit, or submit (referred to as “Post”) comments, suggestions, feedback, ideas, comments, communications, information, or other content on or through the Website (collectively “User Submissions”).
All User Submissions will be treated as non-proprietary and non-confidential. By Posting any User Submission, you grant MCF a royalty-free, perpetual, irrevocable, world-wide, sub-licensable exclusive license to access, copy, modify, adapt, reproduce, redistribute, publish, create derivative works from, compile, arrange, display, disclose, or otherwise make use of User Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, for any purpose and in any way without due compensation to you.
8. ACCURACY OF INFORMATION
We endeavor to provide complete, accurate, up-to-date Content on our Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Notwithstanding our best efforts, the Website may contain typographical inaccuracies, mistakes, or omissions, and some Content may not be complete or current. As a result, we do not warrant, nor are we responsible for, the accuracy, reliability, completeness, or usefulness of the Content available on or through the Website. Pictures, photographs, images, videos, and graphics on the Website are for illustration-purposes only.
9. THIRD PARTY CONTENT; LINKS
This Website may provide hyperlinks to websites outside of our control or operated by other entities (“Third Party Content”). In addition, third-party websites may be linked to this Website, with or without our consent.
YOUR USE OF OR ACCESS TO THIRD PARTY CONTENT IS AT YOUR OWN RISK. We are not liable for any Third Party Content. We neither control nor endorse, nor are we responsible for, any Third Party Content, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Content, or any intellectual property rights or other rights therein. Hyperlinks or websites incorporated via encapsulation or “iframes” on the Website do not reflect our views and we are not liable for any such Content.
We are not responsible for external websites linked to, from or incorporated within the Website. Users should read and rely on the terms of use/service and privacy policy (and any other terms) associated with any such external websites.
10. DISCLAIMERS
YOUR USE OF THE WEBSITE AND ITS CONTENT IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. MCF AND ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AFFILIATES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
11. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE NOR THE RELATED PERSONS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF THE WEBSITE, OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF WE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ADDITION, WE ARE NOT LIABLE FOR ANY DAMAGES, HARM, OR INJURY THAT RELATES TO, ARISES OUT OF, OR RESULTS FROM THE USE OF, ACCESS TO, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE MATERIAL ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM ACCESS OR USE OF THE WEBSITE OR CONTENT. FURTHERMORE, WE DO NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, MCF IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE OR ANY CONTENT PROVIDED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold MCF and our Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms, (ii) your use of the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
13. INTERNATIONAL USERS
MCF makes no representations that the Website or the Content are appropriate or accessible outside the United States in all locations. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.
MCF and our Website is based in the United States and, regardless of where you access our Website, the information collected as part of that use will be transferred to and maintained on servers located in the United States and Canada. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Website, you consent to this collection, transfer, storage, and processing of information to and in the United States.
14. GOVERNING LAW
This Agreement shall be governed in all respects under the laws of New York, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in New York. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
15. MISCELLANEOUS
The Terms of Use set forth the entire understanding and agreement between you and MCF with respect to the subject matter hereof. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. MCF’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of MCF, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms of Use .
16. CONTACT INFORMATION
Should you have any questions or concerns about these Terms of Use, please email us at MCFinfo@maverickcap.com.