Norwest Venture Partners (“NVP”) owns and operates the website located at http://www.nvp.com and related NVP-owned and operated URLs ending in nvp.com (collectively, the “Website”); the content available on the Website (“Website Content”) is owned by NVP, or its licensors.  Website, Website Content and Services (defined below) are collectively, the “NVP Properties.”

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY.  THIS WEBSITE (AND ANY OTHER WEBSITES OF NVP, ITS AFFILIATES OR AGENTS, ALSO THE “WEBSITE”) AND THE INFORMATION ON IT ARE CONTROLLED BY NVP.  THESE TERMS OF USE GOVERN THE USE OF THE WEBSITE AND APPLY TO ALL INTERNET USERS VISITING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”). BY COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NVP, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF NVP YOU HAVE NAMED AS THE USER, AND TO BIND THAT NVP TO THE TERMS OF USE.  THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service.  If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

Limited License for Use of Website Content. NVP hereby authorizes you to download, view, copy and print the Website Content subject to the following: (a) the Website Content may be used solely for personal, informational, non-commercial purposes; and (b) the Website Content may not be modified or altered in any way. No other use of the Website Content is authorized and no other license or right to the Website Content is granted. You agree that any copy of the Website Content (and any part thereof) which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. You may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, modify, adapt, or distribute any Website Content in whole or in part without the express written authorization of NVP.

Certain Restrictions.  The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms of Use.  All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.

Submitted Materials. No compensation will be paid with respect to any information, content, feedback, business plans, resumes, or other material (collectively, “Materials”) that you submit, upload, post, transmit or otherwise make available (collectively, “provide”) to NVP through the Website. You grant to NVP an unrestricted, fully-paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive and fully sublicenseable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, the Materials (in whole or in part) for the purposes of operating and providing the Materials in connection with this Website and NVP’s business. You represent and warrant that: (i) you own all the Materials provided by you or otherwise have the right to grant the license set forth in this section, and (ii) your Materials do not violate any rights of any person. NVP has no obligation to protect or preserve the information contained within the Materials. In the absence of a definitive agreement executed by NVP, no legal obligation of any kind or nature is created by providing the Materials. Accordingly, please act carefully in deciding to include any sensitive or confidential information in your Materials as NVP will have no obligation to maintain the confidentiality of the information and will be under no restriction with respect to such information.

Password Protected Areas; Mailings. Access to certain portions of the Website may require you to register an account by entering your username and password. Passwords should be kept strictly confidential and should not be shared with any other persons, and you agree to (1) notify NVP immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your account at the end of each session.  . By submitting your contact information and any other personal information through the Website to receive information from us, you hereby authorize NVP to use this information for the purposes of sending you the requested information. In registering an account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the NVP Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.  You are responsible for all activities that occur under your account.   You agree that you shall monitor your account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the NVP Properties by minors.  If you provide any information that is untrue, inaccurate, not current or incomplete, or NVP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NVP has the right to suspend or terminate your account and refuse any and all current or future use of NVP Properties (or any portion thereof).  You agree not to create an account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one account per platform.  NVP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an account or use NVP Properties if you have been previously removed by NVP, or if you have been previously banned from any of NVP Properties.

These Terms of Use will apply to all such mailings (and the mailings will be considered part of the Website Content).

No Advice. The information contained on the Website is given for general information and general interest purposes only. While NVP tries to keep the information accurate and up to date, NVP cannot be responsible for any inaccuracies in the information. As a result, you should not rely on this information for making decisions, and we recommend that you take further advice and/or seek further guidance before taking any action based on the information contained on this website.

Forward-Looking Statements; Press Releases. The statements on the Website that relate to future events, our expectations or our future financial or operating performance are forward-looking statements. We have attempted to identify forward-looking statements by using words such as “anticipates,” “believes,” “could,” “estimates,” “expects,” “intends,” “may,” “plans,” “potential,” and “predicts,” or the negative of these words. These statements are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause our or our industry’s actual results and performance to be materially different from those expressed or implied by these statements. These risks include the timely and successful development of products, receipt of necessary regulatory approvals and commercial acceptance of products, the obtaining of proprietary protection for any such products, the impact of competitive products and pricing and reimbursement policies, changing market conditions and other risks. Actual results may differ materially from those projected. These forward-looking statements represent NVP’s judgment as of the date of posting. NVP disclaims, however, any intent or obligation to update these forward-looking statements. The information contained within press releases issued by NVP should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is subject to material risk as described above.

Investigations.  NVP may, but is not obligated to, monitor or review NVP Properties at any time.  Without limiting the foregoing, NVP shall have the right, in its sole discretion, to remove any of the content you post or submit, including your Materials, for any reason (or no reason), including if such content violates the Terms of Use or any applicable law.  Although NVP does not generally monitor user activity occurring in connection with NVP Properties, if NVP becomes aware of any possible violations by you of any provision of the Terms of Use, NVP reserves the right to investigate such violations, and NVP may, at its sole discretion, immediately terminate your license to use NVP Properties, or change, alter or remove the content you post or submit, in whole or in part, without prior notice to you.

Indemnification.  You agree to indemnify and hold NVP, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “NVP Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) the content or Materials you posted or submitted; (b) your use of, or inability to use, NVP Properties; (c) your violation of the Terms of Use; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations.  NVP reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NVP in asserting any available defenses.  This provision does not require you to indemnify any of the NVP Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your account, the Terms of Use or your access to NVP Properties.

Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NVP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NVP MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR WEBSITE CONTENT WILL BE ACCURATE OR RELIABLE.

Limitation of Liability. IN NO EVENT SHALL NVP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE AND WEBSITE CONTENT, WHETHER OR NOT NVP HAS BEEN ADVISED OF THE POSSIBILITY. YOU AGREE THAT NVP’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM, OR RELATING TO, THE WEBSITE AND WEBSITE CONTENT (INCLUDING, WITHOUT LIMITATION, ACCESS OR LACK OF ACCESS THERETO) IS LIMITED TO FIFTY U.S. DOLLARS (U.S. $50).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Changes; Third Party Websites. NVP reserves the right to change or discontinue the Website or any Website Content at any time, with or without notice, and with no liability to you. NVP also reserves the right to modify these Terms of Use by posting a modified version on the Website. The Website may include hyperlinks to websites not controlled by NVP and NVP is not responsible for any such websites. NVP provides these links to other websites merely as a convenience and the inclusion of such links does not imply an endorsement. You agree that NVP is not responsible for third party content accessible through the Website and you bear all risks associated with the use of such content. You should review applicable terms and policies, including privacy and data gathering practices, of any third party websites or third party applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party. Term and Termination. Subject to this section, these Terms of Use will remain in full force and effect while you use the Website.  We may suspend or terminate your rights to use the Website (including your account) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms of Use.  Upon termination of your rights under these Terms of Use, your account and right to access and use the Website will terminate immediately.  You understand that any termination of your account may involve deletion of the content you post or submit associated with your account from our live databases.  NVP will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your account or deletion of the content you post or submit.  All provisions of the Terms of Use which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Applicable Laws. All matters relating to your access to, and use of, the Website and these Terms of Use shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Website shall be instituted in a state court located in Santa Clara County, California, or any federal court in the Northern District of California. You and NVP agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Notwithstanding the foregoing, NVP may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

Export. The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from NVP, or any products utilizing such data, in violation of the United States export laws or regulations.

Electronic Communications.  The communications between you and NVP use electronic means, whether you use the Website or send us emails, or whether NVP posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from NVP in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NVP provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Entire Terms. These Terms of Use constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to NVP is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without NVP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  NVP may freely assign these Terms of Use.  The terms and conditions set forth in these Terms of Use shall be binding upon assignees.

Copyright/Trademark Information. Copyright ©2004 – 2018, NVP. All rights reserved.

The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of NVP or other third parties. You are not permitted to use these Marks without the prior written consent of NVP or such third party which may own the Mark.

India Investment Activities. NVP India acts as an advisor to NVP’s Mauritius subsidiary.