Terms and Conditions of Use
This website is intended solely to provide information regarding Transformation Capital Partners potential financing capabilities for prospective portfolio companies.
By using this website (together with any other websites maintained by Transformation Capital that may be accessed through this website, including any password-protected areas, this “Website”), you agree to abide by these terms and conditions (the “Terms and Conditions of Use”). If you do not agree to abide by these Terms and Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using this Website. Your compliance with these Terms and Conditions of Use and any Other Agreements (as defined below) is a condition to your right to access this Website. Your breach of any provision of these Terms and Conditions of Use or the Other Agreements will automatically, without the requirement of notice or other action, revoke and terminate your right to access the Website and you will be fully liable for conversion, misappropriation, trespass to chattels and all other claims and causes, regardless of the identity of claimant or injured party, arising from or relating to your continued use of the Website after such breach.
This Website is intended for users who are 18 years of age or older. By using this Website, you represent and warrant that you are at least 18 years of age or older. If you do not meet all of these requirements, you must not access or use the Website.
Transformation Capital reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Website, including the Terms and Conditions of Use, in whole or in part, at any time, without prior notice to you. Changes will be effective when posted and apply to all of your access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions of Use means that you accept and agree to the changes. For this reason, each time you use the Website, you should visit and review the then current Terms and Conditions of Use that apply to your use of the Website. The date of the last revision or update appears at the top of the Terms and Conditions of Use under the title.
Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement you may have with Transformation Capital (“Other Agreements”), if any, that may currently be in effect. In the event of any inconsistency between these Terms and Conditions of Use and any Other Agreements, the Other Agreements will govern.
Use of the website
All materials, including but not limited to images, text, data, illustrations, designs, icons, photographs, programs, downloads, services and content (each “Content” and collectively, the “Contents”) that are part of the Website are intended solely for personal, non-commercial use. Transformation Capital authorizes you to view and access a single copy of the Content available on this Website for your own use. 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 Content for commercial use. Please be advised that Transformation Capital may record certain usage information, such as the number and frequency of visitors to this Website.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Transformation Capital Partners, an employee of Transformation Capital Partners, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Transformation Capital Partners or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
This Website provides links to websites operated by third-parties, including the investor’s portal available at https://services.sungarddx.com/LogOn/2048522 with or without Transformation Capital’s consent. Such third-party websites are not governed by these Terms and Conditions of Use, or the Website Privacy Notice and Transformation Capital makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any websites linked to or from this Website or the information appearing thereon or any of the products or services described thereon. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
Transformation Capital Partners is a registered trademark. All trademarks and all logos and copyrighted materials displayed on this Website, other than those of Transformation Capital, are the property of their respective owners, who may or may not be affiliated with Transformation Capital. Transformation Capital is the owner of this Website and, other than third-party logos or as stated otherwise on the Website, the Content. Access to this Website does not confer any license under any of Transformation Capital’s or any third party’s intellectual property rights or otherwise authorize anyone to use any trademark or logo.
No offers or advice/Forward-looking statements/Historical information
The information provided on this Website, including information regarding current and historical portfolio companies, is for informational purposes only and is not intended to recommend any company or investment described herein. Nothing contained herein constitutes an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle or any company in which the Transformation Capital have has invested. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. Transformation Capital is not utilizing the Website to provide investment or other advice and nothing contained herein constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. While Transformation Capital uses reasonable efforts to obtain information from sources believed to be reliable, Transformation Capital makes no representation that the information or opinions contained in the Website are accurate, reliable or complete. Additionally, Transformation Capital is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. You are solely responsible for evaluating the risks and merits regarding use of the Website and should obtain relevant and specific professional advice before making any investment decision.
Certain information on this Website may contain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. Transformation Capital undertakes no obligation to update publicly or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.
Any transactions described on the Website as having been engaged in by Transformation Capital Advisers are included as representative transactions and are not necessarily reflective of overall results of Transformation Capital’s business and representative investments are not to be considered a complete list of all investments made or currently held by funds advised Transformation Capital (“Transformation Capital Funds”). In any event, past performance is not indicative of future results and it should not be assumed that results for portfolio investments will be achieved for other investments; no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The market analysis, estimates and similar information, including all statements of opinion and/or belief, contained in the documents accessible through this Website are subject to inherent uncertainties and qualifications and are based on a number of assumptions. You should carefully review the information provided regarding such analysis and assumptions. Not all portfolio investments had the characteristics, prospects, or projected successes highlighted.
Transformation Capital provides investment advisory services only to privately offered funds. Transformation Capital does not solicit or make their services available to the public or other advisory clients. The InvestranDX Web Site is solely for the use of existing limited partners of investment funds advised by Transformation Capital and is intended to provide electronic copies of information that existing limited partners have received already as investors in Transformation Capital Funds.
Compliance with applicable law
Unless otherwise expressly set forth herein, Transformation Capital makes no representation that materials on this Website are appropriate or available for use in any particular location. 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 do so on their own initiative and are responsible for compliance with local laws.
Disclaimer and indemnity
This Website and the information and materials on this Website are provided “as is” and without warranties or representations of any kind either expressed or implied and Transformation Capital and its affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties or merchant ability and fitness for a particular purpose. Transformation Capital does not warrant the accuracy, completeness, reliability, availability or timeliness of any information on this Website or that this Website will operate “error free.” In no event shall Transformation Capital, or their affiliates, or any of their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds’ limited partners (collectively, the “Transformation Capital Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this Website.
If your use of this Website gives rise to any third-party claim against you or any Transformation Capital Party, you agree to (i) indemnify and hold harmless the Transformation Capital Parties with respect to any such claim, (ii) release the Transformation Capital Parties from any such claim and (iii) waive all laws that may limit the efficacy of such release.
Limitation of liability
You acknowledge and accept that: (1) notwithstanding the reasonable efforts by Transformation Capital to avoid technological problems, the Website may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) notwithstanding any reasonable security precautions that Transformation Capital or its designee may take, Transformation Capital or its designee cannot, and does not, guarantee that the Website will be free of security problems (including, without limitation, unauthorized interception of data or communications).
Information on the Website speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Website even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
Transformation Capital will not be liable for any damages or injury, under any legal theory, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this Website and its contents, or a website linked to this Website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction, from any action that you take or decision you make in reliance on any information contained in the Website, or otherwise, even if foreseeable.
Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.
All matters relating to the Website and these Terms and Conditions of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions of Use or the Website shall be to these Terms and Conditions of Use shall be brought solely in the state or federal courts located in Boston, Massachusetts and you agree that such courts shall have jurisdiction over you in connection with any such dispute.
If any provision of these Terms and Conditions of Use is deemed by a court or other tribunal of competent jurisdiction unlawful, void, or for any reason unenforceable, such provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions.
Your comments and concerns
This Website is operated by Transformation Capital Partners located at 699 Boylston Street, 2nd Floor, Boston, MA 02116.
All feedback, comments, question, notices of copyright infringement, and other communications relating to the Website should be directed to: firstname.lastname@example.org.