Terms of Use

Please read these Terms of Use ("Terms") carefully before using the Fondo Inc website located at tryfondoinc.com (the "Website"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Fondo Inc, a Delaware company with its principal place of business at 1200 Park Avenue, Suite 450, New York, NY 10065 ("Fondo," "we," "us," or "our"). By accessing or using the Website, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms. If you are accessing the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" shall refer to that entity.

2. Description of Services

The Website provides information about Fondo Inc's venture capital activities, investment portfolio, team, and thought leadership content. The Website is intended for informational purposes and to facilitate communication between Fondo Inc and potential portfolio companies, limited partners, co-investors, and other business contacts. The Website does not constitute an offer or solicitation to invest in any Fondo Inc fund or portfolio company.

3. Intellectual Property Rights

3.1 Ownership

The Website and all content, features, and functionality available through it, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Fondo Inc or its content suppliers and are protected by applicable intellectual property laws, including copyright, trademark, and trade secret laws.

3.2 Limited License

Subject to your compliance with these Terms, Fondo Inc grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or internal business purposes. This license does not include:

• Any resale or commercial use of the Website or its contents
• Any collection and use of product listings, descriptions, or prices
• Any derivative use of the Website or its contents
• Any downloading or copying of account information for the benefit of another merchant
• Any use of data mining, robots, or similar data gathering and extraction tools

3.3 Trademarks

The name "Fondo Inc," the Fondo Inc logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fondo Inc. You may not use these marks without the prior written permission of Fondo Inc. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

4. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material, or any other form of solicitation
• Impersonate or attempt to impersonate Fondo Inc, a Fondo Inc employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• Use the Website in any manner that could disable, overburden, damage, or impair the Website
• Use any automated means, including robots, scrapers, or spiders, to access the Website for any purpose
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or any server, computer, or database connected to the Website
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
• Copy, reproduce, republish, upload, post, transmit, or distribute any content from the Website without our prior written consent
• Use any information obtained from the Website to harass, abuse, or harm another person or entity
• Attempt to reverse engineer, disassemble, decompile, or decode any software or other materials on the Website

5. Pitch Submissions and Confidentiality

5.1 Submission of Information

If you submit a pitch, business plan, financial projections, or other confidential business information to Fondo Inc through the Website or by email, you acknowledge that:

• Such submission does not create any obligation on the part of Fondo Inc to invest in or otherwise provide assistance to your company
• Fondo Inc may receive, review, and evaluate similar pitches and proposals from companies that may compete with yours
• Unless Fondo Inc has entered into a separate written confidentiality agreement with you, Fondo Inc will not be bound by any confidentiality obligation with respect to the information you submit

5.2 No Obligation

Fondo Inc is under no obligation to review, respond to, or consider any pitch or investment proposal submitted to us. Our review of a pitch does not create any obligation to invest, provide feedback, or maintain ongoing communications. Investment decisions are made at Fondo Inc's sole discretion based on many factors, and nothing in these Terms limits or restricts our ability to make or decline any investment.

6. No Investment Advice

Nothing on the Website constitutes investment advice, financial advice, legal advice, tax advice, or any other professional advice. The content of the Website, including blog posts, market commentary, and portfolio information, is provided for informational purposes only and should not be relied upon as the basis for any investment or business decision. You should consult with qualified professional advisors before making any investment decisions.

The information provided about Fondo Inc's portfolio companies and investment performance is for illustrative purposes only. Past investment performance is not indicative of future results. Investments in early-stage companies involve significant risks, including the risk of total loss of capital.

7. Third-Party Links and Content

The Website may contain links to third-party websites, services, or content that are not owned or controlled by Fondo Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

8. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY FONDO INC ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FONDO INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FONDO INC DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FONDO INC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, EVEN IF FONDO INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL FONDO INC'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FONDO INC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you.

10. Indemnification

You agree to defend, indemnify, and hold harmless Fondo Inc, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

11. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

12. Dispute Resolution and Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver: YOU AND FONDO INC EACH AGREE THAT ANY ARBITRATION OR OTHER PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND FONDO INC EACH WAIVE ANY RIGHT TO A JURY TRIAL.

13. Waiver and Severability

No waiver by Fondo Inc of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fondo Inc to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fondo Inc regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

15. Changes to Terms

We reserve the right to revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

16. Contact Information

If you have any questions about these Terms, please contact us:

• Email: legal@tryfondoinc.com
• Phone: +1 (212) 555-0182
• Mail: Fondo Inc, Attn: Legal Department, 1200 Park Avenue, Suite 450, New York, NY 10065

17. Confidential Information

Any non-public information disclosed by Fondo Inc to you in connection with a potential business relationship, investment, or other engagement ("Confidential Information") shall remain the exclusive property of Fondo Inc. You agree to: (a) hold Confidential Information in strict confidence using at least the same degree of care you use to protect your own confidential information, but in no event less than reasonable care; (b) use Confidential Information solely for the purposes of the business relationship or engagement for which it was disclosed; (c) not disclose Confidential Information to any third party without Fondo Inc's prior written consent; and (d) promptly notify Fondo Inc upon discovery of any unauthorized use or disclosure of Confidential Information.

18. No Agency Relationship

Nothing in these Terms creates any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and Fondo Inc. Neither party has authority to bind the other to any obligation without the other party's express written consent.