DISCLAIMER
Terms of Use
You should carefully read the following terms and conditions (the “Terms”). These Terms govern your use of this website (this “Site”), including the content, materials, and information available on or through this Site. The Site contains general information about EMBR Capital LLC, a Delaware limited liability company (“EMBR”) and our portfolio companies, and is directed at management teams and partners interested in learning more about EMBR. By using this Site, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree to abide by these Terms, do not use this Site.
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Privacy, Confidential Information and Use of Site Generally
We reserve the right to track visitors to, and usage of, this Site through “cookies” and similar techniques and to use any resulting information as we determine in our sole discretion.
We cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Please consider this carefully before sending us any information that you deem confidential or proprietary.
By using the Site, you agree not to: (1) take any action that imposes an unreasonable load on the Site’s infrastructure, (2) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or making up the Site, (4) delete or alter any material posted on the Site by EMBR or any other person or entity, or (5) frame or link to any of the materials or information available on the Site.
No Offer, Solicitation or Advice
The purpose of this Site is limited to providing you with general information about us. Nothing on this Site is intended to constitute or form a part of (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 EMBR in writing, this Site does not make any effort to present a comprehensive or balanced description of EMBR or its activities.
From time to time, EMBR or its affiliates may provide limited, informal, or good-faith assistance to portfolio companies, prospective partners, or other parties. Any such interactions are provided solely on a non-contractual, best-efforts basis and do not constitute professional, business, financial, legal, tax, accounting, or investment advice. No fiduciary, advisory, or agency relationship is created by any communication with EMBR, and any compensation received in connection with such assistance (including equity, options, or other non-cash consideration) shall not alter this non-advisory status.
EMBR Capital LLC is a private investment vehicle of EMBR Capital Trust and is not a registered broker-dealer, investment adviser, or financial intermediary, and does not engage in the offer, sale, or placement of securities or receive transaction-based compensation for any such activities.
Content
This Site contains material, including but not limited to text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips, and software (collectively, the “Content”). We may own the Content, or portions of it may be made available through arrangements with third parties. The Content is protected by United States and foreign intellectual-property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws.
You have no rights in or to the Content and may not use, copy, or display it except as permitted under these Terms. You may use Content from the Site solely for your personal informational purposes. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of these Terms, your right to access and/or use the Content and Site will automatically terminate, and you must immediately destroy any copies you have made.
The trademarks, service marks, and logos of EMBR (the “EMBR Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of EMBR. Other product and service names located on the Site may be trademarks or service marks owned by third parties (collectively, the “Third-Party Trademarks”). Nothing on this Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of EMBR specific for each such use. All goodwill generated from the use of any EMBR Trademark will inure to our benefit.
Third-Party Sites and Information
As a convenience to you, this Site may contain links to websites operated by third parties. When you select certain hyperlinks, you will be leaving the EMBR site. We do not review, control, or examine the content of such websites and are not responsible for any third-party websites’ content, availability, advertising, products, information, materials, or use of your information. Links to third-party websites do not constitute an endorsement or association with such websites, their contents, or their owners and operators. Any access to or use of a third-party site is solely at your own risk.
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A portion of the Content may include information provided by third parties and has not been independently verified by EMBR. In connection with our activities, we may be subject to various confidentiality obligations to funds, investors, portfolio companies, and other third parties. Accordingly, any statements we make (on this Site or otherwise) may be limited by such obligations and should be interpreted in that context.
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Limitation of Liability
ALL CONTENT IS PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND IS NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. We make no representations or warranties regarding the Content’s accuracy, completeness, non-infringement, or fitness for a particular purpose.
You acknowledge that no information or material on this Site should be interpreted as a recommendation, endorsement, or representation by EMBR regarding any company, opportunity, or strategy, and that any reliance upon such information shall be entirely at your own risk.
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Please ensure that your own computer security is comprehensive and up to date. EMBR accepts no responsibility for viruses, malware, or other malicious or damaging software contained in the Content or otherwise.
Except as specifically agreed to by EMBR in writing, neither EMBR nor any of its respective directors, officers, employees, agents, or service providers (“EMBR Parties”) will be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising from or related to your use of, or reliance upon, this Site.
Indemnification
You agree to defend, indemnify, and hold harmless the EMBR Parties from and against any claims, actions, or demands, including reasonable legal and accounting fees, arising from your breach of these Terms or your access to, use, or misuse of the Content or Site. EMBR reserves the right to assume the exclusive defense and control of any matter subject to indemnification hereunder.
Other Information
This Site is operated and controlled by EMBR in the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms and any disputes relating to them or to your use of this Site will be governed in all respects by the laws of the State of Delaware, without regard to its conflicts-of-law principles. Except as otherwise agreed in writing, any disputes shall be resolved exclusively in the state or federal courts located in Fairfield County, Connecticut, and you consent to the personal jurisdiction of such courts for all purposes related to these Terms.
We reserve the right to modify these Terms at any time. Changes will be posted on this page and dated accordingly. Your continued use of this Site after such posting constitutes your acceptance of the revised Terms.