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terms of use

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This Terms of Use Statement applies exclusively to the website at www.marchgp.com (the “Site”). which is owned and operated by March Partners LLC, an affiliate of The March Group (“TMG”). It should not be confused with any other website, regardless of whether The March Group or TMG appears in the domain name or branding. You are advised to verify each page you visit to ensure you have not navigated to a third-party site.

The Site is for informational purposes only and therefore, the information and descriptions contained in it are not to be construed as an offering memorandum, advertisement, or prospectus. Accordingly, this information is not intended to be a complete description of all terms, exclusions, and conditions applicable to any products and/or services described in the Site. The Site and any information or materials contained in it do not constitute the distribution, an offer or solicitation of any kind to purchase or sell any product, security or instrument whatsoever nor should they be construed as providing any type of investment or other advice or recommendations by TMG, any of TMG’s affiliates or third parties to any person in any jurisdiction where such distribution, offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. The Site and any investment products described in it have not been approved by the Securities and Exchange Commission of the United States nor the Securities and Futures Commission of Hong Kong. The Site is for “Accredited Investors (as defined in Rule 501 of Regulation D under the Securities Act of 1933) and “Professional Investors” (as defined in the Securities and Futures Ordinance (Cap. 571 of the laws of Hong Kong) and the subsidiary legislation made thereunder) only and is not for retail use. You are encouraged to consult your professional advisers before making any investment.

SITE SECURITY

You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site include without limitation:

Logging into or attempting to log into a server or account that you are not authorized to access;

  • Accessing data or taking any action to obtain data, information or services not intended for you or your use;

  • Attempting to probe, scan or test the vulnerability of any system or network;

  • Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;

  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of the Site.

OTHER PROHIBITED ACTIVITY

In using the Site, you must not:

  • Post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that TMG in its sole discretion does not wish posted or transmitted on the Site;

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • Upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;

  • Misrepresent your identity or affiliation in any way;

  • Engage in deceptive online marketing;

  • Violate any applicable laws or regulations; or

  • Assist or permit any persons in engaging in any of the activities described above.

USER SUBMISSIONS

You must exercise caution, good sense, and sound judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

UNSOLICITED IDEAS

TMG does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through the Site that you consider to be confidential or proprietary. Any material that you transmit to or through the Site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Statement or separate written agreement between you and TMG, you give TMG an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that TMG has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through the Site.

COPYRIGHT

The material made available at the Site is protected by copyright. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of TMG’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at the Site, must be obtained from TMG in advance. Requests for such authorization should be sent via email. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to TMG.

 

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by TMG. TMG does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but TMG retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving TMG prior written notice of such activities.

TRADEMARKS

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to TMG or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

LINKS TO OTHER WEBSITES

As you view the Site, you will notice links to other non-TMG websites. These links are for convenience only. Some of these linked websites may make use of TMG proprietary intellectual property rights (such as trademarks, service marks, logos and trade names) under license from TMG. TMG is not responsible for the availability or content of these sites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these sites should not be interpreted as endorsement or approval by TMG of the organizations sponsoring the sites or their products or services.

JURISDICTIONAL ISSUES

The Site is controlled and operated by TMG’s investment sub-advisor, March Partners LLC, from its office in the United States. TMG makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from jurisdictions where the contents of the Site are illegal or penalized is prohibited. Software from the Site is further subject to the United States export controls. No information or software from the Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from TMG if in TMG’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise. The provisions of this Terms of Use Statement concerning site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any termination of this agreement.

DISCLAIMER

The materials in the Site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, TMG disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TMG does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. TMG does not make any representations or warranties regarding the use or the results of the use of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall TMG be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if TMG or a TMG authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall TMG’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you to TMG, if any, for using the Site.

INDEMNITY

You agree to indemnify, defend and hold TMG, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this agreement; and/or (ii) your activities in connection with the Site.

DISCLOSURE, FORWARD-LOOKING STATEMENTS

The Site contains forward-looking statements relating to TMG’s operations that are based on management’s current expectations, estimates and projections about the investment, technology and other related industries. Words such as “anticipates,” “expects,” “intends,” “plans,” “targets,” “forecasts,” “projects,” “believes,” “seeks,” “schedules,” “estimates,” “may,” “could,” “budgets,” “outlook” and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and are subject to certain risks, uncertainties, and other factors, many of which are beyond the company’s control and are difficult to predict. Therefore, actual outcomes and results may differ materially from what is expressed or forecasted in such forward-looking statements. The reader should not place undue reliance on these forward-looking statements, which speak only as of the date of this report. Unless legally required, TMG undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

OTHER

As used throughout the Site, the term “TMG” and such terms as “the Company,” “the Corporation,” “our,” “we” and “us” may refer to one or more or all of TMG’s portfolio companies. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.

 

This agreement shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

CHANGES TO TERMS OF USE STATEMENTS

TMG may revise this Terms of Use Statement at any time without notice. Although TMG will endeavor to highlight any changes to this Statement, you should revisit the Site periodically to make sure you are aware of the most recent terms, because they will be binding on you. Your use of the Site after such changes constitutes your agreement to such changes.

 

If you have any questions or complaints regarding this Terms of Use Statement, please contact us at contact@marchfund.com and we will endeavor to respond to you promptly.

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