Mountain Venture Studio Management, LLC
Who We Are
This Website is maintained and operated by Mountain Venture Studio Management, LLC, or one of its affiliates, which provides administrative and other services to the entire family of entities (“Philo Entities”). In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.
Except for certain Materials provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that some and up to all of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.
Password Protected Areas
Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable Philo entity, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and Philo individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.
No Offer, Solicitation or Advice
Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a Philo entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a Philo entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Philo or its investment activities. This material presented is for informational purposes only and should not be construed as investment advice. Any analysis or discussion of investments, sectors or the market generally are based on current information, including from public sources, that we consider reliable, but we do not represent that any research or the information provided is accurate or complete, and it should not be relied on as such. Our views and opinions expressed in any website content are current at the time of publication and are subject to change. Past performance is not indicative of future results.This Website is intended solely to provide information regarding Philo’s potential financing capabilities for prospective portfolio companies. The information provided on this Website, including information regarding Philo’s current and historical portfolio companies and other investments, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. In any event, past performance is not a guarantee of future results; it should not be assumed that results for portfolio investments will be achieved for other investments. Current and previous investments listed on this Website are not to be considered a complete list of all investments historically made by Philo. Philo does not solicit or make its services generally available to the public.Any specific company listed or discussed is not intended to be representative of any or all companies purchased, sold or recommended for Philo’s advisory clients. One should not assume that all investments in the companies identified are or will be profitable. The quotes provided by personnel of portfolio companies of certain of Philo’s advisory clients may not be representative of the experience of personnel of other portfolio companies, and are not a guarantee of future performance or success.
Restrictions on Use; No License
We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.
Ownership of Trademarks, Etc.
All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to Philo, its affiliates or their respective owners, and this Website grants no license to them.
Submitting a Business Plan or Other Confidential Information
Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.
Limitation of Liability
Except as specifically agreed by a Philo entity in writing, NO PHILO INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
Modification of these Terms
We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.
This Website is operated and controlled by Mountain Venture Studio Management, LLC in the United States of America. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of Utah, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Philo entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in the State of Utah. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Philo individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.
Any questions, concerns or complaints regarding these Terms should be sent to email@example.com.Effective Date: [date]333 East Main Street #758, Lehi UT 84043
2. CATEGORIES OF PERSONAL DATA WE COLLECT.This chart details the categories of Personal Data that we collect and have collected over the past 12 months:
Category of personal dataExamples of personal data we collectCategories of 3rd parties with whom we share this data
Profile or contact dataFirst and last name E-mail Phone number
Service providers Business partners Parties you authorize, access or authenticate
Device/ip dataIP addressDevice IDsDomain serverType of device/operating system/browser used to access the services
Service providersBusiness partnersParties you authorize, access or authenticate
Web analyticsWeb page interactions
referring web page/source through which you access the servicesNon-identifiable request IDsStatistics associated with the interaction between device or browser and the servicesService providersBusiness partnersParties you authorize, access or authenticate
Other identifying information that you voluntarily choose to provideIdentifying information in emails or letters you send usService providers
parties you authorize, access or authenticate
Categories of Sources of Personal Data
We collect Personal Data about you from the following categories of sources:YouWhen you provide such information directly to us.When you use our Site.When you voluntarily provide information in free-form text boxes through the Site or through responses to surveys or questionnaires.When you send us an email or otherwise contact us. When you use the Site and such information is collected automatically.Through Cookies (defined in the “Tracking Tools and Opt-Out” section below),Third PartiesVendors. We may use analytics providers to analyze how you interact and engage with the Site, or third parties may help us provide you with customer support.
Our Commercial or Business Purposes for Collecting Personal Data
Providing, Customizing and Improving the SiteProviding you with the products, services or information you request.Meeting or fulfilling the reason you provided the information to us.Providing support and assistance for the Site.Improving the Site, including testing, research, internal analytics and product development.Personalizing the Site, website content and communications based on your preferences.Doing fraud protection, security and debugging.Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).Corresponding with YouResponding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about us or the Site.Sending emails and other communications according to your preferences or that display content that we think will interest you.Meeting Legal Requirements and Enforcing Legal TermsFulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities.Protecting the rights, property or safety of you, us or another party.Enforcing any agreements with you.Responding to claims that any posting or other content violates third-party rights.Resolving disputes.We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.
3. HOW WE SHARE YOUR PERSONAL DATA.
We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.Service Providers. These parties help us provide our services or perform business functions on our behalf. They include:Hosting, technology and communication providers.Security and fraud prevention consultants.Analytics providers.
Business Partners. These parties partner with us in offering various services. They include:Businesses that you have a relationship with, including our investment fund affiliates
Parties You Authorize, Access or AuthenticateThird parties you access through the services.Other users.Legal Obligations
We may share any Personal Data that we collect with third parties in conjunction with any of the activities set forth under “Meeting Legal Requirements and Enforcing Legal Terms” in the “Our Commercial or Business Purposes for Collecting Personal Data” section above. Business Transfers
All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.Data that is Not Personal Data
We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not share such data in a manner that could identify you.
4. TRACKING TOOLS AND OPT OUT.
Functional Cookies. Functional Cookies are used to record your choices and settings regarding our Site, maintain your preferences over time and recognize you when you return to our Site. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).Performance/Analytical Cookies. Performance/Analytical Cookies allow us to understand how visitors use our Site such as by collecting information about the number of visitors to the Site, what pages visitors view on our Site and how long visitors are viewing pages on the Site. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Site’s content for those who engage with our advertising. You can decide whether or not to accept Cookies through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Site and functionalities may not work. To explore what Cookie settings are available to you, look in the “preferences” or “options” section of your browser’s menu. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit [hyperlink site needed].5. SECURITY AND RETENTION.We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, and administrative security measures and storage and processing practices based on the type of Personal Data. For example, the Site uses industry standard Secure Sockets Layer (SSL) technology to allow for the encryption of Personal Data you provide to us. We retain Personal Data about you for as long as necessary to provide our Site and/or services to you, comply with our legal obligations, resolve disputes, or as otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.
Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data or storing data over the Internet is completely secure. We cannot guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content.
6. PERSONAL DATA OF MINORS.
We do not knowingly collect or solicit Personal Data about children under 16 years of age, except with parental consent. If we learn that we have collected personal information from an individual under the 16 years of age without parental consent, we will delete such information as quickly as possible. If you believe that a child under 16 years of age may have provided Personal Data to us, please contact us at firstname.lastname@example.org.
7. PRIVACY RIGHTS OF CALIFORNIA RESIDENTS.
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the:Categories of Personal Data that we have collected about you.Specific pieces of Personal Data that we have collected about you.Categories of sources from which that Personal Data was collected.Business or commercial purpose for collecting your Personal Data.Categories of third parties with whom we have shared your Personal Data.Categories of Personal Data shared with third parties for a business purpose over the past 12 months, if applicable.Deletion
You have the right to request that we delete the Personal Data that we have collected about you, subject to certain exceptions under the California Consumer Privacy Act (the “CCPA”): for example, we may need to retain your Personal Data to provide you with the Site or services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.Exercising Your CCPA Rights
To exercise the rights described above, you must send us a request that (1) provides sufficient information to allow us to verify that you are either the person about whom we have collected Personal Data or are an agent authorized by that person, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You may submit a Valid Request by emailing us at email@example.com.We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request. You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.We Do Not Sell Your Personal Data
We will not “sell” your Personal Data, as that term is defined in the CCPA, and have not done so over the last 12 months. We also do not sell the Personal Data of minors under 16 years of age.We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not deny you access to our Site or provide you a lower quality of services if you exercise your rights under the CCPA. If you have any questions about this section or whether any of the above rights apply to you, please contact us at firstname.lastname@example.org.
14. PRIVACY RIGHTS OF OTHER UNITED STATES RESIDENTS.
California Resident Rights
California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes, under California Civil Code Sections 1798.83-1798.84. If you would like to submit such a request, please contact us at email@example.com.
Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. If you are a Nevada Resident, you can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.
17. CONTACT INFORMATION.