Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy, we have provided this Privacy Statement to explain our online information practices for the web site located at frontiergrowth.com (the “Site”). To make this information easy to find, we make it available on our homepage and at every point where information is requested. This Privacy Statement is effective as of September 8, 2007.
The Information We Collect and How We Use It
FC Capital Management, LLC dba Frontier Growth (“Frontier Growth”) may collect various types of information about users of the Site. For example, knowing how users use our Site – tracking their movement through the Site – helps us improve Site design and usefulness. As a result, the Frontier Growth server collects general data pertaining to users, including the length of time spent on the Site and the pages accessed while visiting the Site. However, except in the case of limited partners (“LPs”) accessing the “For LPs” pages of the Site, (a) Frontier does not collect any personally identifiable information such as names, home addresses or e-mail addresses; and (b) “cookies” will not be used in connection with the operation of this Site.
In the case of LPs accessing the “For LPs” pages of the Site, the personally identifiable information collected by Frontier Growth is only used to verify that the LP is authorized to access the “For LPs” pages of the Site.
Notification of Changes
Because Frontier Growth’s business will continue to evolve, our privacy policies and, consequently, this Privacy Statement may change from time to time and, therefore, you are strongly encouraged to review this Privacy Statement regularly. If we decide to change our privacy policies, we will post those changes in an amended Privacy Statement so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
The information offered by Frontier Growth on the web site located at www.frontiergrowth.com is subject to the following terms and conditions (these “Terms and Conditions”):
By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms and Conditions. If you do not agree to every provision of these Terms and Conditions, please do not access, browse or use this Site. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms and Conditions, you accept these changes. You agree to use this Site in a manner consistent with any and all applicable rules, laws and regulations. Any use of this Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of September 8, 2007.
1. Restricted Use of Site Materials
As between Frontier Growth and you, Frontier Growth is the copyright owner of all the material on this Site, such as, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). Frontier Growth grants you a limited right to access and use this Site. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Frontier Growth. You ARE NOT granted any license for (i) any resale or commercial use of this Site or the Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.
Although Frontier Growth provides the Content for your personal, non-commercial use, Frontier Growth retains its property rights, such as those rights under U.S. and international copyright law, to all Content, including but not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content. This means that without the prior express written permission of Frontier Growth, you MAY NOT (i) distribute Content to others; (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means; or (iii) modify or re-use the Content. Frontier Growth reserves all rights not expressly granted herein.
You acknowledge and agree that any name, logo, trademark, or service mark contained on this Site is owned or used with permission by Frontier Growth and may not be used by you without the express prior written approval of Frontier Growth or the relevant owner of the name, logo, trademark or service mark. Frontier Growth will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Frontier Growth in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or from any other web site or material which may constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Frontier Growth or other parties involved in creating, producing, or delivering this Site may monitor or review any links to this Site, Frontier Growth and such other parties assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. LINKING TO THIS SITE INDICATES THAT YOU ACCEPT FRONTIER GROWTH’S WEB SITE TERMS AND CONDITIONS.
Although this Site may link to other web sites (“External Sites”), Frontier Growth is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any External Site, unless specifically stated herein. Links to such External Sites are provided for informational purposes only. By entering this Site you acknowledge and agree that Frontier Growth has not fully reviewed the External Sites, does not endorse, make any representation about, and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.
While Frontier Growth makes reasonable efforts to ensure that the Content is correct, Frontier Growth makes no warranties or representations as to the accuracy of the Content. THIS SITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND FRONTIER GROWTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FRONTIER GROWTH ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS AND PERFORMANCE OF THIS SITE.
4. Limitations of Liability
AFFILIATES, THEIR RESPECTIVE OFFICERS, AGENTS AND EMPLOYEES OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, LOST PROFITS, LEGAL FEES, EXPERT FEES, OTHER DISBURSEMENTS OR DAMAGES RESULTING FROM DAMAGE TO PROPERTY, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSSES OF ANY KIND OR CHARACTER) RESULTING FROM, DIRECTLY OR INDIRECTLY, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
5. User Indemnity
By using this Site you agree to defend, indemnify, and hold harmless Frontier Growth and its Affiliates, employees contractors, officers and directors from all third party liabilities, claims, and expenses, including but not limited to attorneys’ fees, that arise from any violations by you of these Terms and Conditions or any use or misuse of this Site by you.
6. Applicable Law and Jurisdiction
You agree that the laws of North Carolina, without regard to its principles of conflict of laws, will govern these Terms and Conditions and any dispute concerning or related to these Terms and Conditions. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Charlotte, North Carolina for the purpose of resolving any dispute relating to your access to or use of this Site. Frontier Growth may seek injunctive or other appropriate relief in any state of federal court in North Carolina, and you consent to exclusive jurisdiction and venue in such courts.
7. Termination of the Agreement
Frontier Growth reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. Frontier Growth reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. If these Terms and Conditions are terminated, this clause and Sections 1, 3, 4, and 5 shall survive the termination of these Terms and Conditions.
8. Account Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept full responsibility for activity undertaken in your account.
If any of these Terms and Conditions are deemed invalid, void or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Failure of Frontier Growth to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other of these Terms and Conditions.