Terms Of Use

MPM Capital Website Disclosures and Terms of Use

 

By accessing this website and any materials presented herein (the “Site”) via any media or electronic device, including Internet, telephone and wireless devices, you accept in their entirety and without modification the following terms, conditions and disclosures pertaining to the use of the Site (the “Terms of Use”).  MPM Capital and its affiliates (collectively, “MPM”) reserve the right to change these Terms of Use without notice at any time. MPM grants you a limited right to use the Site.  At any time and for any reason MPM may revoke your right to use all or any portion of the Site.  You may not violate or attempt to violate the security of the Site.

 

Important Disclosures

 

This Site has been designed for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or interests in any investment vehicle that may be referenced on the Site.  Any such offer can only be made where lawful under and in accordance with applicable law.  The information provided through this Site is for personal, non-commercial use and display.  MPM does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor.  Investors are advised not to rely on any information contained in this Site in the process of making a fully informed investment decision.  MPM does not, and this Site does not intend to, render tax or legal advice.  MPM does not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable.

 

This Site has been published in the United States for residents of the United States only.  This Site is not intended for use by, or to provide any information to, investors outside of the United States, and such investors should not rely on any information or material appearing on the Site.  MPM reserves the right to require proof of residence from any user accessing the Site and requesting information from MPM via e-mail.  Investors outside of the United States may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site.  U.S. investors should be advised that not all investments discussed on this Site may be available in all states.

 

News, views, opinions, recommendations and other information obtained from sources outside of MPM are believed to be reliable, but MPM cannot guarantee the accuracy or completeness of such information.  Further, MPM reserves the right to change or amend the information provided at any time and without prior notice.

 

There is no assurance that any securities discussed herein are, or will remain, in an MPM-managed portfolio.  Any such securities do not represent an entire fund or portfolio and it should not be assumed that they were or will be profitable, or that the investment recommendations or decisions MPM makes in the future will be profitable or will equal the investment performance of such securities.

 

In addition, please note the following with respect to the MPM portfolio companies disclosed on the Site: (1) only investments from our funds that are not in dissolution are included; (2) companies where an MPM-affiliated fund invested less than $5.5M and which were subsequently written off are not included; (3) the category “exited” may include companies where an MPM-affiliated fund continues to hold securities, but where no additional proceeds are anticipated in connection with such remaining holdings; (4) the category “exited” may include companies where MPM continues to hold nothing more than warrants with contingent future value; and (5) public securities purchased by OIF, and those which MPM holds as a result of a public company buying a portfolio company, are not included (only the original portfolio company in which MPM invested is included). The Site contains abbreviated information regarding various portfolio company investments made by MPM.  Not all information about every prior investment is contained herein.  Investors wishing more information should contact: Sarah Reed at sreed@mpmcapital.com.

 

All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures and any copyright or proprietary notices, including those contained in these Terms of Use.  Any disclaimers, restrictions, or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

 

No Warranty

 

MPM disclaims all warranties with respect to the site that the law allows it to disclaim.  The Site is provided “as is” and “as available.”  MPM disclaims all representations and warranties, express or implied, of any kind with respect to the site including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights.  Without limiting our general disclaimer, MPM does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site.  The use of the Site is at your own risk.

 

You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-virus, firewall and backup software.  MPM disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site.  As used herein, “Virus” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.

 

Limitation of Liability; Indemnification

 

MPM’s liability with respect to the Site is limited to the maximum extent permitted by law.  In no event will MPM, our affiliates or our or our affiliates’ members, directors, officers, employees, contractors, agents, advisers or consultants be liable for any indirect, incidental, special, punitive, or consequential damages, however caused, arising out of these Terms of Use, the Site, or the inability to use the Site.  MPM’s liability is limited even if MPM has been advised of the possibility of the damages that you suffer or if any remedy you have is inadequate.  This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

 

You agree to indemnify, defend and hold harmless MPM and its affiliate, agents, employees and third-party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:  your use of the Site; your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use; your violation of any applicable law, statute, ordinance, regulation or of any third-party’s rights; or any claims asserted by third-parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use.

 

Links to Third-Party Websites

 

Linked sites, “Hypertext links,” and/or “hyperlinks,” to or from other Internet sites may be included at times as a convenience to the user.  MPM is not responsible for information on any third-party web site that is referred in, accessible, or connected by hyperlink to, the Site.  If you access any third-party web site through the Site or otherwise, you do so at your own risk.  Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with us.

 

Monitoring

 

MPM has the right, but not the obligation, to monitor and record activity on the Site, and to respond as it deems appropriate.  MPM may monitor and record activity on the Site for any reason or for no reason.  MPM may investigate any complaint or reported violation of our policies.  MPM may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that MPM deems appropriate.  MPM may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that MPM deems appropriate.

 

Copyrights and Trademarks

 

The Site is owned by MPM and the contents and structure of the Site are copyright protected.  No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of MPM. “MPM Capital” is a registered trademark with the U.S. Patent and Trademark Office.  Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder.  In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site.  You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

 

You agree not to link directly to any image, graphic, text or other content on the Site, such as using an “in-line” linking method to cause the content to be displayed on another web site, or to download or use images hosted on this Site for any purpose, including posting such images on another web site, unless in each case you have received the prior written consent of MPM.  MPM may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any web site at any time.

 

Electronic Communication

 

This Site permits you to communicate electronically by sending an e-mail message to MPM and its employees.  MPM shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to MPM or its employees.

 

General

 

Any dispute regarding these Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, United States.  You hereby consent to the exclusive jurisdiction and venue of the courts in Boston, Massachusetts, in all disputes arising out of or relating to the use of this Site.  Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph.

 

© 2016 MPM Capital