- Use of the Site. You must be at least 18 years old to use our Site. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or WAVE’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
- Information Not Confidential; Not an Offer to Invest. If you choose to contact any WAVE personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary. WAVE undertakes no obligation to review information submitted by you, or to return such information to you. WAVE may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to WAVE. Nothing you submit to WAVE will cause it or its affiliated funds to be limited or restricted from the pursuit of any opportunities, either alone or with third parties.
Your use of the Site or communication with any WAVE personnel is not an indication that WAVE or its affiliated funds will invest in any business you are associated with, nor is it an invitation to invest in any WAVE entity or affiliated fund. You understand WAVE is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest.
- WAVE Proprietary Rights. The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of WAVE or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from WAVE. WAVE grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. WAVE (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
Without limiting the foregoing, as between you and WAVE (or other companies whose marks appear on the Site), WAVE (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any WAVE Mark. You may not use or exploit any Marks without prior written consent from WAVE.
- Links from and to the Site. The Site may contain links to third party websites (“Third Party Sites”). Third Party Sites are not reviewed, controlled or examined by WAVE in any way and WAVE is not responsible for any content contained therein. These links do not imply WAVE’s endorsement of, or association with, any Third Party Site. WAVE is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites.
- Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WAVE (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).
- Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WAVE, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “WAVE PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY WAVE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY WAVE PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.
- Indemnification. You shall defend, indemnify, and hold harmless WAVE, our affiliates and each of our and their respective employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to the Content, violation of these Terms, or infringement by you, or any third party accessing the Site on your behalf, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
- General Information. These Terms are governed by the laws of the State of Texas, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of McLennan County, Texas. The failure of WAVE to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without WAVE’s express written consent. These Terms inure to the benefit of WAVE’s successors, assigns and licensees. These Terms are the entire agreement between you and WAVE with respect to the subject matter herein.
- Important Disclosures. This Site is provided for informational purposes only and should not be relied upon as legal, business, investment, or tax advice. You should consult your own advisers as to those matters. Furthermore, the Content should not be relied upon when making a decision to invest in any WAVE managed fund. An offering to invest in a fund will be made only by the private placement memorandum, subscription agreement, and other relevant documentation of such fund which should be read in their entirety. Any investments or portfolio companies mentioned, referred to, or described on this Site are not representative of all investments managed by WAVE, and there can be no assurance that the investments referenced will be profitable or that other investments made in the future will have similar characteristics or results. There can be no assurances that WAVE’s investment objectives will be achieved or investment strategies will be successful. Any investment in a fund managed by WAVE involves a high degree of risk including the risk that the entire amount invested is lost. Past performance is not necessarily indicative of future results.
Charts and graphs provided herein are solely for informational purposes and should not be relied upon when making any investment decision. All Content speaks only as of the date indicated. Any projections, estimates, forecasts, targets, prospects, and/or opinions expressed in these materials are subject to change without notice.