Terms of Use

USERS SHOULD READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE

Nothing on this web site (this “Site”) should be interpreted as investment advice with regard to, or an endorsement or recommendation of, or an offer or solicitation of an offer to buy, an interest in a fund or any other security or investment product. The information on this Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. No action should be taken or omitted to be taken in reliance upon information on this Site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

JMI Management, Inc. (“JMI”, “we”, “us”, “our”) provides this Site as an information service to its investors, portfolio companies and visitors. By using this Site or copying materials from this Site, you agree to abide by the terms and conditions of this Terms of Use Agreement (the “Agreement”). If you do not agree to abide by this Agreement, do not use this Site or any materials available on this Site. Please note that it is your responsibility to be aware of, and to observe, all applicable laws and regulations of any relevant jurisdiction.

You acknowledge that specific transactions included on this Site are representative. Representative transactions may not include a complete list of all or current JMI investments. Past performance of representative transactions is no guarantee of future results. It should not be assumed that investments made in the future will be profitable or equal to the performance of previous investments. You agree that such information should not be construed as an offer or solicitation of any security or investment product, nor should it be interpreted to contain a recommendation for the sale or purchase of any security or investment product.

You agree not to: (a) take any action that imposes an unreasonable load on this Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this Site, (d) delete or alter any material posted on this Site by JMI or any other person or entity, (e) frame or link to any of the materials or information available on this Site, (f) impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this Site or JMI, (g) obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided for through this Site, (h) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on this Site, or obtaining lists of users or other information from or through this Site including, without limitation, any information residing on any server or database connected to this Site, (i) use this Site or the content of this Site, including but not limited to the text and images herein and their arrangement (the “Content”) to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right, (j) upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind, (k) disclose any sensitive, proprietary or confidential information, about yourself or anyone else, (l) attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Site, or (m) use this Site or its services (or any Content), in whole or in part, or submit any information to this Site, in violation of any applicable law, rule or regulation.

Information on this Site
JMI does not warrant the accuracy, currency or completeness of the information or the reliability of any advice, opinion, statement or other materials displayed on, or distributed through, this Site. The information set forth in this Site may contain inaccuracies and typographical errors. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or materials shall be at your sole risk.

THIS SITE AND THE INFORMATION AND MATERIALS ON THIS SITE (INCLUDING THE CONTENT) ARE PROVIDED “AS IS.” JMI SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Restricted Website
The information contained in the password-protected portion of the website (the “Restricted Website”) is confidential and is subject to the confidentiality provisions contained in the partnership agreements of JMI Equity Fund III, L.P., JMI Equity Fund IV, L.P., JMI Equity Fund V, L.P., JMI Equity Fund VI, L.P., JMI Equity Fund VII, L.P., JMI Equity Fund VIII-A, L.P., and JMI Equity Fund VIII-B, L.P., as well as their parallel or affiliated fund entities (together with any funds previously or subsequently offered by JMI Equity, the “JMI Funds”). As a limited partner of one or more of the JMI Funds, or a representative of such a limited partner, you are subject to those confidentiality provisions. By use of the Restricted Website you agree that the information relating to JMI Funds in which you are not a limited partner is subject to the same confidentiality restrictions that apply to you as a limited partner in any of the JMI Funds. The information contained in the website may not be reproduced or redistributed in any manner. You are responsible for all activity occurring when the Restricted Website is accessed through your account, whether authorized by you or not. Therefore, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

The information contained in the Restricted Website may include material non-public information regarding the JMI Funds and their underlying portfolio companies. It is a violation of U.S. securities laws for a person in possession of material non-public information concerning an issuer to purchase or sell securities of such issuer or to communicate such information to another person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell securities.

Information Provided By You
Please do not send JMI anything that constitutes a trade secret or confidential and proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to JMI will not be considered confidential or proprietary. We receive a large number of business plans, and we reserve the right to review only those plans that we believe fit our criteria for investment. We also reserve the right to reject plans in our sole discretion, and we are under no obligation to return any materials to the sender. We expect to receive many similar plans and ideas. Therefore, you understand that your idea may already have been submitted to us or be under consideration by us. We are not limited or restricted in any way from pursuing opportunities with others.

Privacy Statement
To understand our privacy practices, please review our Privacy Policy which governs our policies with respect to information that is collected through this Site.

Limitations of Liability
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT SHALL JMI, ITS SUBSIDIARIES, AFFILIATES, AND/OR THEIR RESPECTIVE PARTNERS, STOCKHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (THE “JMI PARTIES”) BE LIABLE TO YOU OR ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE JMI PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification and Release
By accessing this Site, you agree to indemnify the JMI Parties and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of this Site, your submissions to this Site, or any violation of this Agreement, or applicable law, by you or by someone accessing this Site via your account. In addition, you hereby release the JMI Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes. You hereby agree to waive all laws that may limit the efficacy of such releases. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of this Site.

Third-Party Sites
As a convenience to you, JMI may provide links to web sites operated by other entities (each, a “Third-Party Site”). If you use these Third-Party Sites, you will leave this Site. If you decide to visit any Third-Party Site, you do so at your own risk. In addition, Third-Party Sites may be linked to this Site, with or without our consent. JMI makes no warranty or representation regarding, does not endorse, and does not accept any responsibility for, any Third-Party Sites linked to or from this Site or the information appearing thereon or any of the products or services described thereon. Links do not imply that JMI endorses, or is affiliated or associated with, the owner of such linked Third-Party Site or that JMI is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of JMI or any of its affiliates.

Changes
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Site or this Agreement in whole or in part, at any time. Changes will be effective when posted. Your continued use of this Site after any changes are posted will be considered acceptance of those changes.

We may also terminate, suspend or discontinue any aspect of this Site, including the availability of any features of this Site, at any time. We may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. In the event that we suspend or terminate your access to and/or use of this Site, you will continue to be bound by the Terms of Use for this Site that were in effect as of the date of your suspension or termination.

Intellectual Property
You may not copy or display for redistribution to third parties any portion of the content without the prior written permission of JMI. 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 you will not use, copy or display the Content except as permitted under this Agreement.  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 of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of JMI (the “JMI Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of JMI.  Other company, product, and service names located on this Site may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the JMI Trademarks, the “Trademarks”).  Nothing on this Site or in this Agreement 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 JMI specific for each such use.  The Trademarks may not be used to disparage JMI or the applicable third party, JMI or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks.  Use of any Trademarks as part of a link to or from any web site is prohibited without JMI’s prior written consent.  All goodwill generated from the use of any JMI Trademark shall inure to JMI’s benefit.

Miscellaneous
This Site (excluding any linked Third-Party Sites accessible via this Site) is controlled by JMI within the State of Maryland. It can be accessed throughout the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Maryland by accessing this Site, both you and JMI agree that the statutes and laws of the State of Maryland will apply to all matters relating to the use of this Site, without regard to its conflicts of laws principles and, further, that any actions arising out of your use or access to this Site shall only be brought in the courts of the State of Maryland. JMI makes no representation that materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

This Agreement constitutes the entire agreement between JMI and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision hereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder shall continue in full force and effect.  Failure of JMI to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other of this Agreement.

Unless otherwise indicated, the Content is owned by JMI and is protected by applicable copyright laws.

Copyright © 2013 by JMI Management, Inc.  All Rights Reserved.