Terms of Use
Effective Date: November 2023
User Agreement
Welcome to the Bison Ventures Management Company, LLC (“Bison Ventures”, “we”, “us” or “our”) website (“Website”). By accessing the Website, you agree to comply with this binding user agreement (“User Agreement”) between you and Bison Ventures, which governs your access and use of the Website and is a legally binding agreement between you and Bison Ventures. If you do not accept the terms and conditions of this User Agreement, do not use the Website. Your use of the Website indicates your full acceptance of this User Agreement in its then-current form each time you use the Website. Bison Ventures reserves the right to change the terms and conditions at any time. If we change this User Agreement, we will give you notice by posting the revised User Agreement on the Website. We may also post a notice on the Website and/or inform you via e-mail. The changes will go into effect on the effective date shown in the revised User Agreement. If you do not agree with the changes in the User Agreement, your sole remedy is to discontinue the use of the Website. By continuing to use the Website after the new effective date, you agree to be bound by such changes.The information that we provide is for your information only. Some information provided may not be current, or may have changed since the last time you viewed or downloaded it. All information is subject to change without notice. We do not in any way represent or warrant the accuracy or reliability of any of the information provided, and all information is provided subject to the disclaimers and limitations of liability set forth below.
No General Solicitation or General Advertising of Security Interests
The material contained on the Website is intended only for financially sophisticated investors and is for their private use. The material contained on the Website does not constitute any offer or sale or any form of general solicitation or general advertising of interests in Bison Ventures private investment funds. Such private investment funds rely on private placement exemptions to registration under the Securities Act of 1933 (or the securities laws of any states) and have not been registered as investment companies under the Investment Company Act of 1940. In addition, neither Bison Ventures nor any affiliate thereof is registered with the United States Securities and Exchange Commission as an investment adviser under the Investment Advisers Act of 1940.
Informational Purposes Only
Nothing on the Website is an offer or solicitation to buy or sell any security, and Bison Ventures is not soliciting any action based on the Website. Nothing on the Website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on the Website is intended to be, and you should not consider anything on the Website to be, investment, accounting, tax or legal advice. The past performance of any investment, investment strategy or investment style is not necessarily indicative of future performance.
Ownership and Proprietary Rights to Content
The Website is owned and operated by Bison Ventures. Any claims or concerns regarding the Website should be addressed to: Bison Ventures Management Company, LLC, 1170 Gorgas Ave, San Francisco, CA 94129, or email inquiries@bison.vc.
You acknowledge and agree that the Website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The content of the Website is the property of Bison Ventures or that of our suppliers or licensors and is protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer of, license, sell, create derivative works from, or in any way exploit any of the content, in whole or in part. You may not upload, post, reproduce, perform, or distribute in any way any content without obtaining permission of the owner of the copyright, trademark or other proprietary right.
Trademarks
Bison Ventures, and its logos are trademarks of Bison Ventures. They may not be used or displayed without Bison Ventures’ prior written consent. All other trademarks, product names and company names and logos appearing on the Website are the property of their respective owners, and may be used only with the permission of the particular owner.
Online Privacy
Bison Ventures does not collect any personally identifiable information about visitors to the publicly available areas of the Website, including names, addresses, phone numbers or social security numbers. Bison Ventures may collect and store any personal information that you knowingly provide to us. We do not disseminate the non-public personal information of our investors to any third parties unless in the furtherance of servicing their accounts or as required by law or regulation or as described in our privacy policy.
Disclaimers
You expressly understand and agree that:
(a) Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
(b) We do not warrant or represent that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any services, or information, or other material obtained by you through the Website will meet your expectations, (v) the server that makes the Website available is free of viruses or other harmful components; or (vi) any errors in any software or in the Website will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any loss or damage incurred, including, without limitation, damage to your computer system or loss of data that results from the download of any such material. You (and not us or any of our affiliated entities or any of our or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to restore your system.
(d) No advice or information, whether oral or written, obtained by you from us or through or from the Website shall create any warranty not expressly stated in this User Agreement.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
You agree that we shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of or the inability to use the Website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent not prohibited by law. If you are dissatisfied with any portion of the Website or service you receive through it, or with any of portion of this User Agreement, your sole and exclusive remedy is to discontinue using the Website.
Arbitration
Any claim, dispute or controversy of whatever nature arising out of or relating to this User Agreement, including, without limitation, any action or claim based on tort, contract or statute (including any claims of breach), or concerning the interpretation, effect, termination, validity, performance and/or breach of this User Agreement (“Claim”), shall be resolved by final, binding and confidential arbitration (“Arbitration”) before a single arbitrator (“Arbitrator”) selected from and administered by JAMS, Inc. (the “Administrator”) in accordance with its then existing Comprehensive Arbitration Rules and Procedures. The Arbitration shall be held in Seattle, Washington. Depositions may be taken and full discovery may be obtained in any Arbitration commenced under this provision. The Arbitrator shall, within 15 calendar days after the conclusion of the Arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator shall be authorized to award compensatory damages, but shall not be authorized to: (a) award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (b) award punitive damages or (c) reform, modify or materially change this User Agreement or any other agreements contemplated hereunder; provided that the damage limitations described in clauses (a) and (b) of this sentence will not apply if such damages are statutorily imposed. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief he or she deems just and equitable and within the scope of this User Agreement, including, without limitation, an injunction or order for specific performance. Each party shall bear its own attorney’s fees, costs and disbursements arising out of the Arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided that the Arbitrator shall be authorized to determine whether a party is substantially the prevailing party, and if so, to award to that substantially prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator. Absent the filing of an application to correct or vacate the Arbitration award under Title 10 of the Delaware Code Sections 5713 through 5717, each party shall fully perform and satisfy the Arbitration award within 15 days of the service of the award. By agreeing to this binding Arbitration provision, the parties understand that they are waiving certain rights and protections that may otherwise be available if a Claim between the parties were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this paragraph 10, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence. This paragraph 10 shall be construed to the maximum extent possible to comply with the laws of the State of Delaware, including, to the extent applicable, the Uniform Arbitration Act (10 Del. C. § 5701 et seq.) (the “Delaware Arbitration Act”). If, nevertheless, it shall be determined by a court of competent jurisdiction that any provision or wording of this paragraph 10 shall be invalid or unenforceable under the Delaware Arbitration Act, to the extent applicable, or other applicable law, such invalidity shall not invalidate all of this paragraph 10. In that case, this paragraph 10 shall be construed so as to limit any term or provision so as to make it valid or enforceable within the requirements of the Delaware Arbitration Act or other applicable law, and, in the event such term or provision cannot be so limited, this paragraph 10 shall be construed to omit such invalid or unenforceable provision.
Applicable Law
This User Agreement is personal to you, is nonassignable and nontransferable by you, shall be governed by, and construed in accordance with, the laws of the State of Delaware as such laws would be applied to agreements among the residents of such state made and to be performed entirely within such state and, subject to paragraph 1 above, may be modified or waived only in an agreement signed by both you and Bison. The confidentiality obligations under this User Agreement shall be continuing and shall survive termination of any other agreement between you and Bison, if any. If any provision in this User Agreement is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect.
International Use
We make no representation that materials on the Website 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 Website from other locations do so on their own initiative and are responsible for compliance with local laws.
Other Third-Party Websites
The Website may contain links to websites controlled and maintained by third parties. We do not have any control over the content of these websites, and we assume no liability or responsibility for such sites, the content contained in them, or the manner in which any information collected on such sites is used.
Termination
We may terminate your access, or suspend any user’s access to all or part of the Website, including password protected portions of the Website, without notice, at any time and for any reason in our sole discretion.
Miscellaneous
If any provision of this User Agreement should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this User Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bison Ventures without restriction.