Legal

Formation Group Website Terms of Use and Privacy Policy

Effective Date: April 11, 2016

Terms of Use

Thank you for visiting our Website at www.formationgroup.com. Your use of our 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.

1) Who We Are

This Website is maintained and operated by F8 Asia Growth Partners, LLC, which provides administrative and other services to various Formation Group 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.

2) Materials

Except for certain Materials 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, non-infringement 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. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise. 

3) 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. 

4) 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 Formation Group 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 Formation Group individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

5) 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 Formation Group 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 Formation Group entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Formation Group or its investment activities.

6) 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.

7) Ownership of Intellectual Properties

All text, photos, graphics, logos, contents and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to Formation Group, its affiliates or their respective owners, and this Website grants no license to them. Formation Group is our registered trademark in the United States and/or other countries.

8) 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 any confidential or proprietary information or other materials in the absence of our 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 us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

9) Limitation of Liability

Except as specifically agreed by a Formation Group entity in writing, NO FORMATION GROUP 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.

10) 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.

Privacy Policy

Thank you for visiting our Website. By using or accessing the Website in any way, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent to our collection, use and sharing of your information in the manner described herein.

Formation Group is committed to respecting and protecting your privacy. Please read this Privacy Policy carefully in order to understand what information Formation Group collects about visitors to the Site, and how Formation Group uses that information. If you do not agree with the content of this Privacy Policy, please do not use this Site. We encourage you to check our Website frequently to see the current Privacy Policy and Terms of Use in effect and any changes that may have been made to them. If we make material changes to this Privacy Policy we will post the revised Privacy Policy and the revised effective date on this Website. If you use the Website after any changes to the Privacy Policy have been posted, this means you agree to all of the changes. This Privacy Policy only covers our treatment of your personal information that we gather when you are accessing or using our Site, but not to the practices of companies we don’t own or control, or people that we don’t manage.

1) Collection of Information

Visitors may access the Site while remaining anonymous and without revealing any personal information. Formation Group may collect information during your visit to the Website through our automatic data collection tools, which may include cookies and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at our Website. They may also collect information about your Internet Protocol (IP) address and clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with our Website).

A “cookie” is a small piece of data stored on a user’s browser, and contains non-personally identifiable information about the user. When you visit the Website, Formation Group may place a “cookie” in order to improve your experience by recognizing you when you visit the Website and in order to allow the company to optimize the information presented based on your demonstrated areas of interest. Cookies may also be used to compile information about website usage. If you subsequently provide us with personal information such as your email address, we will associate any cookies on your browser with that information such that you will no longer be an anonymous visitor to the site.

2) How Formation Group Uses and Shares Information

Formation Group may use personal information you provide in order to contact you. Because Formation Group is committed to protecting your privacy, Formation Group will not sell, rent or otherwise disclose this information to any third party, except as described in this Privacy Policy. Personal information may be disclosed under the limited circumstances described below, and you agree that Formation Group may do so by submitting your personal information. By providing any personal information to the Website, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States. Formation Group may share non-personal information from which individuals cannot be identified, and which do not relate to individuals in aggregate form, with third parties for business purposes, such as consultants and advisors to the company. Formation Group will disclose your personal information to a third party if required to do so by law or if, in good faith, Formation Group believes that such action is necessary to: (1) comply with the law or with legal process; (2) protect and defend Formation Group’s rights and property or prevent fraud; (3) protect Formation Group against abuse, misuse or unauthorized use of Formation Group’s products or services; or (4) protect the personal safety or property of its personnel, users of this Website or the public. The servers that serve the Website automatically identify a computer by its IP address. If Formation Group, in good faith, determines that you have used the service to menace, threaten, harass, intimidate or otherwise deceptively pose as another person, your actions will be investigated and your IP address may be disclosed to the recipient of any email, their legal counsel or representatives, and law enforcement officials as part of such an investigation. Formation Group may transfer its database, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock of Formation Group whether by merger, acquisition, reorganization or otherwise.

3) Linked Websites

This Website (including, without limitation, such features as Formation Group’s newsletters) may contain links or otherwise provide access to third party websites and services. Please be aware that Formation Group has no control over the policies and practices of third party websites or businesses as to privacy or anything else and is not responsible for the privacy practices of such other websites. Formation Group encourages users to be aware when they leave this Website and to read the privacy statements of each website they visit that collects personal information. While Formation Group carefully chooses the websites to link to, this Privacy Policy applies solely to information collected on this Site.

Miscellaneous

This Website is operated and controlled by F8 Asia Growth Partners, 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 Formation Group entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Santa Clara 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 Formation Group 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.

Contact Information

Any questions, concerns or complaints regarding these Terms should be sent to info@formationgroup.com

©2016 F8 Asia Growth Partners, LLC. All Rights Reserved.