Terms Of Service
Thank you for visiting the Spring Mountain Capital, LP (“SMC”) website. By accessing this website and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site. SMC reserves the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these terms of use (the “Terms of Use”). If you do not accept the Terms of Use, you may not use the site.
Limited License to Use the Site
Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of SMC or any of its affiliates. Any data that you transmit to the Site (including without limitation personally-identifiable information) becomes the property of SMC and may be used by SMC for any lawful purpose without restriction, subject to the Privacy Policy set forth below. SMC reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.
SMC grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.
No Offer of Securities
Under no circumstances should any material in the Site be used or considered as an offer to sell or a solicitation of an offer to buy any interest in SMC or any of its affiliates, or any other security or product. The Site does not constitute any form of invitation or inducement by SMC or its affiliates to engage in any type of investment or other activity nor does it constitute any form of investment advice.
Franklin Management No-Action Letter Disclosures
The securities listed on the website include all fund holdings, not based on performance, and is neither an offer to sell nor a solicitation of an offer to purchase interests in any SMC Fund (“Fund”) or any other investments on products sponsored or advised by SMC or its affiliates, nor does it constitute an offer or a solicitation to otherwise provide investment advisory services. Such an offer or solicitation may be made only by the current Confidential Offering Documents for the Fund or such other products. Potential investors must read carefully, and in their entirety, all offering documents prepared by SMC relating to an investment for a fuller description of the merits and risks of the investment. This presentation does not constitute a part of said documents, and may not be used as, a recommendation of any security, investment program or vehicle. There is no assurance that any securities discussed herein will remain in the Fund’s portfolio at the time you receive this presentation or that securities sold have not been repurchased. The securities discussed do not represent the Fund’s entire portfolio and in the aggregate may represent only a small percentage of the Fund’s portfolio holdings. It should not be assumed that any of the securities transactions or holdings discussed were or will prove to be profitable, or that the investment recommendations or decisions we make in the future will be profitable or will equal the investment performance of the securities discussed herein.
Password-Protected Areas
Portions of the Site are password-protected and are accessible only to users who have been issued passwords by an authorized representative of SMC. You may not download, view, print, use or otherwise seek to gain access to any material that is held in any parts of the Site that are restricted or password-protected unless you have proper authorization or have been issued a valid password.
Personal Information
In using portions of the Site, you may be asked to provide SMC with personal information about you. Personal information is any information that can be used to identify or contact a specific individual or company. In providing any information to SMC in the use of or access to the Site, you warrant that such information is true, accurate and complete in all respects and you agree to promptly notify SMC of any changes to that information.
SMC may use personally-identifiable information for its own internal purposes, or on behalf of its affiliates. SMC will generally not transfer, sell or disclose your personal information to any non-affiliated third party without your prior consent, except as may be required by law (such as a subpoena, search warrant or other court order, or pursuant to the order of any regulatory body having jurisdiction over SMC or its affiliates), as necessary or appropriate in connection with SMC's activities and business operations or to protect the integrity of the Site. In general, SMC business practices limit access to personal information obtained through your use of the Site to those personnel who need to know such information to conduct SMC's or its affiliates’ operations. SMC maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. SMC will use personal information obtained through your use of the Site only in accordance with the privacy policy in effect at the time such information was provided.
When contacting SMC to inquire about career opportunities, you will be asked to provide general contact information and a resume. Any personal information you provide via the careers page will be used only to give your application full consideration and for general human resource management. SMC will not share this information with any third party other than service providers of ours who assist us in providing human resource management services. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy.
No Reliance
While SMC uses reasonable efforts to update the information contained in the Site, SMC makes no representations or warranties as to the accuracy, reliability or completeness of any information in the Site. Certain information contained on this Site constitutes “forward-looking statements.” Due to the various risks and uncertainties, actual events or results in the actual performance of SMC's strategies may differ materially from those reflected or contemplated in such forward-looking statements. Opinions expressed herein are based on current expectations, estimates, projections, opinions and beliefs of SMC. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. Unless specified, any views reflected herein, and any content of the Site, are subject to change without notice.
Materials to be Consulted in Their Entirety
All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Links to and from Third Party Websites
SMC does not review or monitor any websites that may be linked to the Site, and is not responsible for their content or any products or services contained on or accessible through such other websites. SMC also is not responsible for the terms of use or privacy policies of such other websites and you are advised to review such terms and policies of any website that you visit. Your linking to or use of any off-site pages or other websites is at your own risk. SMC's inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites. No links from external websites to the Site are permitted without the prior written consent of SMC.
International Use
SMC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
No Warranty
SMC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. SMC HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. YOUR USE OF THE SITE AND USE OR RELIANCE UPON ANY OF THE MATERIALS ON IT IS SOLELY AT YOUR OWN RISK. SMC FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT, FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMC SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON, YOUR COMPUTER ON ACCOUNT OF YOUR ACCESSING THIS SITE.
Limitation of Liability
IN NO EVENT SHALL SMC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE, IN EACH CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF SMC, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Indemnity
YOU SHALL IRREVOCABLY INDEMNIFY SMC, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, MEMBERS, PARTNERS, SHAREHOLDERS, AGENTS AND EMPLOYEES AGAINST ANY AND ALL LOSSES, DAMAGES AND COSTS SUFFERED OR INCURRED BY SUCH PARTIES OF WHATSOEVER NATURE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR DISTRIBUTION OF THE SITE IN BREACH OF THE TERMS OF USE.
General
These Terms of Use are governed by the internal laws of the State of New York, without reference to its conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, the federal and state courts located in the County of New York, State of New York, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. You hereby appoint the Secretary of State of the State of New York as your agent for service of process in any such proceeding.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
Contact Information
Further information about our privacy policy can be found here: https://smcgrowthcapital.webflow.io/privacy-policy
It is important to us at SMC to hear what visitors have to say regarding our policies. Any questions regarding these Terms of Use should be sent to submit@smcinvest.com.