Terms of Service — Friends & Family Capital

Terms of Use Thanks for your interest in our Website at www.friendsandfamilycapital.com. Your use of this Website, including the content, materials and information available on or through this Website (together, the "Materials"), is governed by these Terms of Use (these "Terms"). By using this Website, you acknowledge that you have read and agree to these Terms.

Who We Are This Website is maintained and operated by Friends & Family Capital Management, LLC, which provides administrative and other services to various Friends & Family Capital entities. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

Materials Except for certain Materials that may be provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED "AS IS," MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials' accuracy, completeness or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise. Please ensure that your own computer security is comprehensive and up to date.

Third-Party Sites We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

Password Protected Areas Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable Friends & Family Capital entities, as well as any provisions set forth in those Materials, govern the parties' respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and Friends & Family Capital individuals and entities generally have no liability with respect to the accuracy and completeness of such Materials or sufficiency for an intended purpose.

No Offer, Solicitation or Advice Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a Friends & Family Capital entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a Friends & Family Capital entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive description of Friends & Family Capital or its investment activities.

Restrictions on Use; No License We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

Ownership of Trademarks, Etc. All trademarks, service marks, trade names, logos, graphics, articles and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, service marks, trade names and logos displayed on this Website are proprietary to Friends & Family Capital, its affiliates or their respective third-party owners and this Website grants no license thereto. FRIENDS & FAMILY CAPITAL and the “FF” logo are in the process of becoming registered trademarks in the United States and/or other countries.

Submitting a Business Plan or Other Confidential Information Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

Limitation of Liability NO FRIENDS & FAMILY CAPITAL INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Modification of these Terms We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.

Miscellaneous This Website is operated and controlled by Friends & Family Capital Management, LLC in the United States of America. 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 Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Friends & Family Capital entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in San Mateo County, California. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Friends & Family Capital individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Privacy Statement Friends & Family Capital values the privacy of those who use this Website. Please read this Privacy Statement which covers topics from "Information We Collect" through "Disclaimer Regarding Business Information" (this "Statement") for details about our approach to privacy. Except as supplemented or superseded by a more focused privacy statement or a binding written agreement, this Statement also applies to investors in Friends & Family Capital investment funds. This Statement governs information you provide to us, or that we learn from your use of this Website, and tells you how we may collect, use and, in some instances, share this information.

Information We Collect In order to access some Friends & Family Capital services, you will be asked to provide what is generally called "personal information" (such as your name, email address, company name and title/position). You may also be asked to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password.

Friends & Family Capital may, but has no obligation to, monitor and record activity on this Website for any reason. Friends & Family Capital may collect "tracking information" about your visit, including the pages you view, the links you click and other actions taken in connection with Friends & Family Capital sites and services. Friends & Family Capital also collects certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses.

When you receive newsletters or e-mail from Friends & Family Capital, we may use web beacons, customized links or similar technologies to determine whether the e-mail has been opened and which links you clicked, in order to provide you with more focused e-mail communications or other information.

In order to offer you a more consistent and personalized experience in your interactions with Friends & Family Capital, information collected through one Friends & Family Capital service may be combined with information obtained through other Friends & Family Capital services.

If Friends & Family Capital were to sell its assets, merge with another entity or file for bankruptcy, information collected from this Website generally would be a Friends & Family Capital asset and may be transferred.

The Way We Use Information Broadly speaking, we use personal and other information for purposes of conducting our business and investment activities, delivering digital content, delivering information to our investors, providing customer service and making available other products and services to the users of this Website. Additionally, we may use information that we collect from our users to understand their usage trends and preferences, to improve the way this Website works and looks, to improve our marketing and promotional efforts and to create new features and functionality. With respect to any personal data collected on this Website, our legal basis for the use of this information is that it is necessary for the purposes of our legitimate interests in maintaining the safe operation of our Website and learning how Website visitors interact with our Website to improve your use of it.

Personal information collected via Friends & Family Capital sites and services may be stored and processed in the United States or any other country in which Friends & Family Capital or its affiliates, subsidiaries, agents or service providers maintain facilities, and by using a Friends & Family Capital site or service, you consent to any such transfer of information outside of your country.

We retain your personal data only for as long as is necessary to fulfill the purposes for which it was to be collected and processed, in accordance with applicable laws. To determine the appropriate retention period for your personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we use your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your personal data so that it can no longer be associated with you, in which case it is no longer personal data.

We may retain your personal data for an additional period to the extent deletion would require us to overwrite our automated disaster recovery backup systems or to the extent we deem it necessary to assert or defend legal claims during any relevant retention period.

Notwithstanding any provision of this Statement to the contrary, we reserve the right to use any information in any manner permitted or required by applicable law.

Sharing of Your Information Except as otherwise noted in this Statement, we generally do not share personal information about our users with third parties unless we believe doing so is appropriate in connection with the management or operation of our investment funds, or to carry out a user's request, or we reasonably believe that doing so is legally required or is in our interest to protect our property or other legal rights or the rights or property of others.

We occasionally hire other companies to provide limited services on our behalf, such as processing tracking information; providing customer support; hosting this Website; performing statistical analysis; helping us to understand usage patterns for certain content, services and/or the functionality of this Website; providing Website maintenance and security; offering certain features on this Website; assisting us in improving the way this Website works and looks; and creating new features. It is intended that those companies will be permitted to obtain only the personal information they need to deliver the service. They are generally required to maintain the confidentiality of the information and are generally prohibited from using it for any other purpose.

We do not plan to share user personal information with other, third-party organizations for their marketing or promotional use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in. Friends & Family Capital generally will not sell or rent your personal information to third parties.

Accessing Your Personal Information You may have the ability to view or edit your personal information online. In order to help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (user ID/name and password). The appropriate method(s) for accessing your personal information will depend on which sites or services you have used.

Security of Your Personal Information Friends & Family Capital takes appropriate technical measures to protect your personal information against accidental or unlawful loss, alteration, unauthorized disclosure of, or access to, your personal data. Nevertheless, no data transmitted over (or connected to) the Internet can be guaranteed to be 100% secure. Electronic communications can be intercepted by third parties and accordingly, transmissions to and from this Website may not be secure. We cannot ensure or warrant the security of any information you transmit to us, therefore you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of our systems.

A password is used to help protect personal information. It is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone, you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Website or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. We may post a notice on this Website if a security breach occurs. If this happens, we may send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), you should notify us at admin@friendsandfamilycapital.com.

Children Our Website is not directed to children who are under the age of 16 and is solely intended for adults. Friends & Family Capital does not knowingly collect personal data from children under 16. If you have reason to believe that a child under the age of 16 has provided personal data to us through the Website please contact us and we will endeavor to delete that information from our databases

Use of Cookies This Website may use “cookies” to gather general information about the browsing activities of visitors to this Website. This allows us to constantly improve the Website design by arranging the content in the most user-friendly manner and to continually meet the users’ needs. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. (Nevertheless, we cannot guarantee that cookies will not be accessed by other persons.)

You have the ability to accept or decline cookies other than strictly necessary cookies. Our lawful basis for setting cookies other than strictly necessary cookies is your consent, which you can provide as described herein. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Friends & Family Capital sites that depend on cookies, or you may be treated as a first-time visitor the next time you visit the Website.

Use of Web Beacons Friends & Family Capital web pages may contain electronic images known as "web beacons" - sometimes called single-pixel gifs - that may be used to assist in delivering cookies on our sites and allow us to count users who have visited those pages and to deliver co-branded services. We may include web beacons in e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.

Friends & Family Capital may also employ web beacons from third parties in order to help us compile aggregated statistics and determine the effectiveness of communication. It is our policy to prohibit web beacons on our sites from being used by third parties to collect or access your personal information.

Other Web Sites Linked to This Website Some Friends & Family Capital services may be co-branded and offered in conjunction with a third party. If you register for or use such services, both Friends & Family Capital and the third party may receive personal information collected in conjunction with the co-branded services.

We are not responsible for the practices employed by websites linked to, or from, this Website nor the information, content or services contained therein. Please remember that when you use a link to go from this Website to other websites, these Terms (and this Statement) do not apply to such other websites. Friends & Family Capital is responsible only for the content of this Website and has no control over other websites that may be accessible from this Website, the contents therein or the products/services offered thereby. Links to those websites do not imply any endorsement of those websites or the information or materials available at those websites. If you access any third-party website through this Website or otherwise, you do so at your own risk. Your browsing and interaction on any other website and the information you share through such other website, including a website which has a link on this Website, are subject to that other website's own rules and policies. Please read those rules and policies before proceeding.

Disclaimer Regarding Business Information Do not submit any business information or other materials that you consider to be confidential or proprietary. Because of the large number of business plans and related materials that Friends & Family Capital reviews, and the similarity of many such plans and materials, Friends & Family Capital cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of Friends & Family Capital’s express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by Friends & Family Capital for any purpose and in any manner, as Friends & Family Capital determines at its sole discretion.

Contact Information Any questions or concerns regarding these Terms should be sent to admin@friendsandfamilycapital.com.