(Last Updated: 12/1/2021)
THE TERMS AND CONDITIONS CONTAINED HEREIN (THESE “TERMS”) APPLY TO ALL USE OF THE ONLINE PRODUCTS AND SERVICES, INCLUDING THE WBSITE LOCATED AT WWW.GTMFUND.COM, (COLLECTIVELY, OUR “SERVICES”) PROVIDED BY GTMFUND, LLC. (“GTMFUND”, “WE”, OR “US”) TO YOU (AND, IF YOU REPRESENT AN ORGANIZATION, SUCH ORGANIZATION) (TOGETHER, “YOU” or “YOUR”). BY ACCESSING OR USING ANY PART OF OUR SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS. IN THE EVENT THERE IS A SEPARATELY NEGOTIATED AND EXECUTED AGREEMENT BETWEEN YOU AND GTMFUND WITH RESPECT TO PROCUREMENT OF THE SERVICES, SUCH AGREEMENT SHALL CONTROL AND THESE TERMS WILL NOT APPLY.
We reserve the right to change these Terms at any time at our discretion, except as expressly set forth in these Terms. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email, by providing notice through our Services, or by updating the “Last updated” date at the top of these Terms. Your continued use of our Services following the posting of any changes will confirm that you accept the changed Terms. We encourage you to review these Terms regularly to ensure that you understand the terms and conditions that apply to your use of our Services. If you do not agree to the changed Terms, you must stop using our Services.
WE HAVE CERTAIN REQUIREMENTS THAT YOU AGREE TO ARBITRATE DISPUTES YOU MAY HAVE WITH US – AND WAIVE RIGHTS TO BRING CLASS ACTION LAWSUITS. PLEASE SEE SECTION 14 (“DISPUTE RESOLUTION”) BELOW FOR MORE INFORMATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF ENTERING THESE TERMS.
To access certain areas and features of our Services, you must apply for an account with us. We reserve the right to deny any account at our discretion. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current, and complete. We reserve the right to terminate your access to any of our Services if you at any time provide false, inaccurate, or misleading information in connection with your account. You will maintain the security of any account you register with us or that we otherwise authorize you to access or use, including the password used to access the account, and will promptly notify us if you discover or otherwise suspect any security breaches related to the account. By applying for an account with us, you agree to accept all risks of unauthorized access to the account.
Unless otherwise indicated, our Services and all content and other materials provided through our Services, including the GTMfund logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”), are the proprietary property of GTMfund, LLC or our licensors or users and are protected by U.S. and international copyright laws.
Subject to the terms and conditions of these Terms, GTMfund grants youyou are granted a limited, non-sublicensable, non-exclusive, non-transferable, revocable, license to access and use our Services, and access and use the Materials and User Content (as defined below) through our Services, solely for purposes for which they are provided. Except as expressly permitted on our Services or in writing by us, you may not do any of the following in connection with our Services or the Materials: (i) sell, resell, or commercially use our Services or the Materials; (ii) distribute, publicly perform, or publicly display any part of the Materials; (iii) modify or otherwise make any derivative uses of any part of our Services or the Materials; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than via page caching) any part of our Services or the Materials that are not expressly provided by us for download; or (vi) use any part of our Services and the Materials for anything other than for their intended purposes. Any use of our Services, the Materials, or User Content other than as specifically authorized by these Terms or in writing by us is prohibited and will terminate the license granted to you in this section. Any unauthorized use also may violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
GTMfund may provide information about third-party products or services and include links to third-party products and services through our Services. We do not control, endorse, or adopt any third-party information on our Services and make no representation or warranties of any kind regarding third-party information on our Services, including representation or warranties as to its accuracy or completeness. Your business dealings or correspondence with, or participation in promotions of, these third parties (and any terms, conditions, warranties, or representations associated with those dealings, correspondence, or promotions) are solely between you and the third parties. We are not responsible for, and will not be liable for, any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions, or any third-party information on our Services.
Our Services may include discussion forums, blogs, private messages, emails, or other interactive features or areas, such as the blog, where you or other users can create, post, transmit, or store content, including text, music, sound, photos, images, video, graphics, code and other items or materials (collectively, “User Content”). User Content posted on interactive areas of our Services is publicly viewable to others. You are solely responsible for your User Content and for your use of such interactive areas, which you use at your own risk. By using the interactive areas of our Services, you will not (and will not allow or authorize any third party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through our Services any of the following:
You are solely responsible for your conduct in connection with Services. You will not violate any law, violate any contract, intellectual property, or other third-party right, or commit a tort in connection with our Services. In addition, you will not do, and will not allow or authorize any third party to do, any of the following:
Your use of our Services is at your own risk. GTMfund, LLC is not responsible or liable for the conduct of, or your interactions with, any other users of our Services (whether online or offline) or for any associated loss, damage, injury, or harm. As a provider of interactive services, GTMfund, LLC is not liable for any statements, representations, or User Content provided by our users through the interactive area of our Services. Although we have no obligation to screen, edit, or monitor any User Content, we reserve the right, and have the discretion, to remove, screen, or edit any User Content posted or stored on our Services at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on our Services at your sole cost and expense.
By submitting or posting User Content on our Services, you hereby grant to GTMfund, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, and your name, company name, location, and any other information you submit with such User Content, without restrictionin connection with providing our Services. The use of your or any other user’s name, likeness, voice, or identity in connection with various features on our Services does not imply any endorsement of such features of our Services unless explicitly stated otherwise.
GTMfund’s name, GTMfund’s trademarks, GTMfund’s logos and any other GTMfund’s product or service name or slogan included in our Services (collectively, the “GTMfund Marks”) are trademarks of GTMfund and may not be copied, imitated or used, in whole or in part, without the prior written permission of GTMfund, LLC or the applicable trademark holder. In addition, the look and feel of our Services, including all custom graphics, button icons, and scripts are the service marks, trademarks, or trade dress of GTMfund and may not be copied, imitated, or used (in whole or in part) without our prior written permission. All other trademarks, registered trademarks, product names, company names, and logos mentioned in the GTMfund (“Third-Party Trademarks”) are the property of their respective owners, and any use of Third-Party Trademarks will inure to the benefit of the applicable trademark owner. The use of Third-Party Trademarks does not constitute either of the following: (a) an affiliation by GTMfund, LLC and our licensors with such company; or (b) an endorsement or approval by such company of GTMfund, Max Altchuler, or our licensors and our products or services.
If you provide ideas, suggestions, or other feedback to GTMfund in connection with our Services (such as suggestions for improvements to our Services) ("Feedback"), you acknowledge that the Feedback is not confidential and you grant GTMfund (and our successors and assigns) a perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free, fully paid-up right and license to use, reproduce, display, perform, distribute, sell, and otherwise fully exploit all Feedback.
You represent and warrant the following: (a) you will comply with all applicable laws, regulations, rules, orders and other requirements, now or hereafter in effect, of any applicable governmental authority and all of the terms and conditions of these Terms when engaging with the GTMfund or otherwise using our Services; (b) you own and control all of the rights to the User Content that you post, or you otherwise have all necessary rights to post, distribute, and reproduce such User Content to our Services; and (c) all such User Content is accurate, non-confidential, and not misleading or harmful in any manner.
OUR SERVICES ARE PROVIDED “AS IS” AND GTMFUND HEREBY DISCLAIMS ALL WARRANTIES OF NY KIND, EXPRESS OR IMPLIED BY LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GTMFUND DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY CONTENT CONTAINED THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OUR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. GTMFUND RESERVES THE RIGHT TO MODIFY OR DISCONTINUE (WHETHER TEMPORARILY OR PERMANENTLY) ANY OR ALL OF OUR SERVICES WITHOUT PRIOR NOTICE, AND HEREBY DISCLAIMS ALL LIABILITY FOR ANY SUCH MODIFICATION, SUSPENSION, OR DISCONTINUANCE.
THE DISCLAIMERS IN THIS SECTION 11 WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GTMFUND, OR OUR SUPPLIERS, CONTRACTORS, OR AGENTS, OR GTMFUND’S OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE “GTMFUND PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS, OUR SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED BY GTMFUND OR OTHERWISE VIA THE OUR SERVICES, EVEN IF ANY FORSEEABLE. THE TOTAL, AGGREGATE LIABILITY OF THE GTMFUND PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE OUR SERVICES (PROVIDED THAT, IF NO AMOUNTS HAVE BEEN PAID, SUCH CAP WILL BE US$10.00). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
THE LIMITATIONS ON LIABILITY IN THIS SECTION 12 WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You will defend, indemnify, and hold harmless the GTMfund Parties from and against any claims, suits, actions, demands, losses, damages, liabilities, costs and expenses (including attorneys’ fees) arising out of or related to any of the following: (a) your use of our Services or Third-Party Trademarks; (b) your conduct in connection with our Services or Third-Party Trademarks; (c) any User Content or Feedback you provide; (d) your violation of these Terms; or (e) your violation of the rights of another.
Arbitration. PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY BECAUSE IT REQUIRES YOU AND GTMfund TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH BOTH PARTIES CAN SEEK RELIEF.
You and GTMfund agree to arbitrate any dispute, claim, or controversy arising from or related to these Terms or our Services, except that neither you nor GTMfund is required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU AND GTMfund FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and GTMfund agree as follows: (a) you will each notify each other of any dispute within 30 days of when it arises and attempt informal resolution before any demand for arbitration; (b) any arbitration will occur in San Francisco, California, U.S.A.; and (c) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS (or its successor). The language of all proceedings and filings will be English. Except as expressly provided herein, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will be binding upon the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitrator determines that the expenses will be otherwise assessed.
Opt-Out. You can choose to reject this agreement to arbitrate (“opt out”) by sending GTMfund a written opt-out notice (the “Opt-Out Notice”) to firstname.lastname@example.org within thirty (30) days after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this agreement to arbitrate and must include your name, address, phone number, and email address. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of this agreement to arbitrate. If you opt-out of this agreement to arbitrate, all other parts of these Terms will continue to apply.
No Class Actions. You may only resolve disputes with GTMfund on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
To the extent a claim cannot be arbitrated (as determined by an arbitrator), the state and federal courts located in County of San Francisco, California, U.S.A. will have exclusive jurisdiction over any claim(s) in connection with our Services or these Terms, and you and GTMfund hereby irrevocably and unconditionally permission and submit to the exclusive jurisdiction of such courts. These Terms and your use of our Services will be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law provisions.
Notwithstanding any of these Terms, we reserve the right, without notice and at our discretion, to terminate your license to use our Services and to block or prevent your future access to and use of our Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Visiting the our website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
All legal notices to GTMfund must be addressed in writing, and sent by registered or certified mail, to: GTMfund, LLC., 6615 dogwood creek drive, Austin, TX 78746 (Attn: Legal). If you have general questions regarding these Terms or our Services, you may also email us at email@example.com.
GTMfund may provide notices to you via email and to any other address you provide.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with GTMfund’s prior written consent. GTMfund may transfer, assign or delegate these Terms and its rights and obligations without consent. These Terms shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof. Both parties agree that these Term are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind GTMfund in any respect whatsoever.
Disclaimer: This data speaks only as of the date hereof, and GTMfund, LCC disclaims any obligation or undertaking to provide updates or revisions to reflect any change in its expectations or returns.
The stated IRR and multiples are unrealized and based solely on our own estimate of the current value of our fund investments; was not provided or verified by the companies or third party valuation; and does not represent actual return of capital or gain to GTMfund, LLC members. Our methodology for determining unrealized returns is described here.
The actual return outcomes for investments are highly uncertain and may, in the end, be significantly lower than the stated unrealized IRR. Additionally, our past performance is not indicative of future returns, so we can't provide assurances that comparable returns individually or in the aggregate will be achieved by any current or future GTMfund, LLC fund.
Disclosure: Investing in startups carries a high degree of risk. In general, financial and operating risks confronting both early and developmental-stage companies, as well as more mature expansion-stage companies are significant. Many emerging growth companies go out of business every year. It is difficult to know how companies will grow, if at all, or what changes may occur in the market. A loss of an investor's entire investment is possible and no profit may be realized. Investors are responsible for conducting their own due diligence.
GTMfund, LLC values your privacy, trust, and relationship.
When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information such as when you register for access to the Services (for example, contact information such as your name, email address, and mailing address; and when you wish to use certain Services (for example financial information such as bank account numbers, your Date of Birth and last 4 digits of you social security number), or contact us with inquiries or respond to one of our surveys.
Non-Identifiable or Aggregated Data: When you interact with GTMfund, LLC through the Site or Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. GTMfund, LLC may store such information itself or such information may be included in databases owned and maintained by GTMfund, LLC affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, GTMfund, LLC often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us.
This research may be compiled and analyzed on an aggregate basis. GTMfund, LLC may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. GTMfund, LLC may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets and you will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Agents, Consultants and Related Third Parties: GTMfund, LLC, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, ID verification, processing applications, shipping and fulfillment, and processing payments and completing transactions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. These companies are authorized to use your personal information only as necessary to provide these services to us.
Legal Requirements: GTMfund, LLC may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of GTMfund, LLC, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm, or (iv) protect against legal liability.
If your personally information changes, or if you no longer desire our service, you may correct, update, amend, delete or request deletion by making the change in your registered account settings page, by emailing our Customer Support at firstname.lastname@example.org or by contacting us at the contact information listed below. We will respond to your request to access within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
When you sign up for our Services or newsletter(s), we will send periodic emails to you regarding the Services or to tell you about services we believe will be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at email@example.com.
We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at firstname.lastname@example.org
Our Website may offer a publicly accessible blog. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name and other information. If you wish to update or delete your testimonial, please contact us at firstname.lastname@example.org
You can log in to our site using sign-in services such as Facebook Connect or Linkedin. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network.
Your access to and use of this Site is subject to the Terms of Service in the sections above.