PIVOTAL CAPITAL PARTNERS LLC (“PIVOTAL”, “WE” OR “US”)

TERMS OF USE

THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND PIVOTAL. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.PIVOTALCP.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.PIVOTALCP.COM BY PIVOTAL, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Changes
General Use
Using the Site and the Services on the Site
Password Restricted Areas of this Site
Privacy Policy
Unauthorized Activities
Proprietary Rights
Links
Disclaimer of Warranties
Limitation of Liability
Local Laws; Export Control
Feedback
General
Contact Us

Changes

Pivotal may make changes to the content and Services offered on the Site at any time. Pivotal can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after Pivotal has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to the Pivotal or the Site.

Pivotal provides content through the Site that is copyrighted and/or trademarked work of Pivotal or Pivotal’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, Pivotal hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Using the Site and the Services on the Site

You can simply view the Site. You need not register with Pivotal to simply visit and view the Site.

However, in order to access certain password-restricted areas of the Site, such as the portal for Investors (the “Investor Library Portal”), and to use certain Services and Materials offered on and through the Site, you must be an Investor with Pivotal (an “Investor”) and have an account and password.

Password Restricted Areas of this Site

If you are an Investor and you are eligible for an account, you will be provided a password (the “Pivotal Password”) and details on how to log into the Investor Library Portal.

You are responsible for maintaining the confidentiality of your Pivotal Password (collectively, "Passwords), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords or do anything else that might jeopardize the security of your Passwords. You agree to notify Pivotal if any of your Passwords on this Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to this Site.

Privacy Policy

Please review Pivotal Privacy Policy (the “Privacy Policy”) which explains how we use information that you submit to Pivotal.

Unauthorized Activities

When using this Site and/or the services, you agree not to:

Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive. Pivotal reserves the right to terminate access to your account with or without cause and with or without notice, for any reason or no reason, or for any action that Pivotal determines is inappropriate or disruptive to this Site or to any other user of this Site. Pivotal may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Pivotal’s discretion, Pivotal will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

You agree to indemnify and hold Pivotal and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Pivotal or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site violates any applicable law or regulation.

Proprietary Rights

Pivotal is a trademark of Pivotal in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Pivotal, Copyright © 2015 Pivotal. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Links

Links to other web sites operated by other persons or entities are included as a convenience to you. After logging into the Investor Library Portal, you will be directed to a linked web site operated by a third-party. Pivotal makes no representation regarding the content, information or accuracy of any other web site which you may access through the Site, including the web site accessed through the Investor Library Portal. Pivotal is not responsible for the services, information, software, content, products or advice found on or through other web sites which are linked or accessed from the Site. When you access any such linked web sites, your rights and obligations will be governed by the agreement, if any, and policies that apply to the use of those web sites. The existence of these links on the Site does not imply endorsement or recommendation or sponsorship for or of any such linked web sites or the services, information, software, content, products or advice described on or found on or through those linked web sites. The views, opinions, statements, offers or other information, services, software, content, products or advice expressed in or through those other linked web sites are those of the respective author(s) or distributor(s) of such linked web site and not of or attributable to Pivotal. While Pivotal tries to make clear when you are linking to another web site, you can double check which web site you are in by looking at the URL in your browser's address field to determine if you have moved from the Site to a linked web site. If the URL does not contain www.pivotalcp.com, you are no longer in the Site.

Disclaimer of Warranties

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Pivotal, and they may include inaccuracies or typographical or other errors. Pivotal does not warrant the accuracy of timeliness of the Materials contained on this Site. Pivotal has no liability for any errors or omissions in the Materials, whether provided by Pivotal, our licensors or suppliers or other users.

PIVOTAL, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. PIVOTAL DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

PIVOTAL SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL PIVOTAL BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF PIVOTAL KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control

Pivotal controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

Feedback

If you send or transmit any communications, comments, questions, suggestions, or related materials to Pivotal, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Pivotal is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Pivotal is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

General

Pivotal prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Pivotal, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in United States County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Pivotal’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Pivotal and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Pivotal about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us

If you have any questions about these Terms or otherwise need to contact Pivotal for any reason, you can reach us at

Pivotal Capital Partners LLC
2882 Sand Hill Rd
Suite 100
Menlo Park, CA 94025
contact@pivotalcp.com