Legal

Terms of Use and Privacy

General

Thanks for visiting our website at www.cotacapital.com. Your use of this website and its associated services, including the content, materials and information available on or through this website as well as email newsletters and public Cota online social media accounts (collectively, “the Material”) are governed by these terms and conditions (the “Terms”). By accessing the Materials, you agree to be bound by these Terms. We may update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you access or use the Materials after any changes to the Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically for changes.

Cota Capital Management, LLC (“Cota”) is an investment adviser registered with the Securities and Exchange Commission. Cota provides administrative and other services to various Cota entities. The Materials are intended solely to provide general information about Cota, its services to entrepreneurs, and its people. Nothing in the Materials is directed at nor should be relied upon by any investors or prospective investors in any vehicle managed by Cota. Cota does not intend to solicit or make its investment advisory services available to the general public. Although this website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity, in accordance with industry custom, there is no such single entity and all of the various Cota entities have their own separate legal existence.

Under no circumstances should the Materials be considered, and the Materials are not intended to constitute, (i) an offer, or solicitation of an offer, to purchase or sell any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by Cota, (ii) investment advice or as an offer to provide investment advice or advisory services, or (iii) a basis for making an investment decision. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under federal securities laws. Such investors, defined as accredited investors and qualified purchasers, are generally deemed capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that Cota’s investment objectives will be achieved or investment strategies will be successful. Any investment in a vehicle managed by Cota involves a high degree of risk including the risk that the entire amount invested is lost.

Any opinions expressed in the Materials reflect Cota’s views or those of individual posters, and are subject to change. Certain information contained in the Materials has been obtained from third-party sources, including from portfolio companies of funds managed by Cota. While taken from sources believed to be reliable, Cota has not independently verified such information and makes no representations about the enduring accuracy of the information or its appropriateness for a given situation. The discussions and opinions expressed herein are not intended to provide investment, accounting, tax, or legal advice. Nothing in the Materials is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.

Past results of Cota’s pooled investment vehicles, investments, or investment strategies are not necessarily indicative of future results.

Registration with the SEC does not imply a certain level of skill or training. Additional important information about Cota, including our Form ADV Part 2A Brochure, is available at the SEC’s website, http://www.adviserinfo.sec.gov.

Restrictions on Use; No License

We reserve all rights with respect to the design and content of the Materials. In particular, you must not misappropriate the design of this website or any Materials and you must not alter or deface such design or Materials in any way. Nothing on this website grants any license with respect to such design or Materials, except that you may download and use Materials solely for your own personal information.

Ownership of Materials

All text, photos, graphics, logos, content included in the Materials are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed in the Materials are proprietary to Cota, its affiliates or their respective owners, and this website grants no license to them.

Third-Party Websites

The Materials may link to or integrate with other websites operated or content provided by third parties, and such other websites may link to this website. Cota has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites, or the operators of the websites. Cota is providing these links to you only as a convenience, and you are encouraged to review the terms of use applicable to such websites. You release and hold Cota harmless from any and all liability arising from your use of any third-party website or service.

Privacy Policy

We take your privacy seriously. When you interact with us through the Website, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Website

We collect Personal Data from you when you voluntarily provide such information, such as when you request to receive our newsletter or other information or contact us with inquiries. By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with these Terms. If you provide Personal Data to the website, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Cota and the authorized third parties referred to herein located in the United States.

Non-Identifiable Information

When you interact with Cota through the website, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Cota may store such information itself or such information may be included in databases owned and maintained by Cota affiliates, agents or website providers. This website may use such information and pool it with other information to track, for example, the total number of visitors to our website, the number of visitors to each page of our website, and the domain names of our visitors’ Internet Site providers. It is important to note that no Personal Data is available or used in this process.

In operating the website, we may use a technology called “cookies.” A cookie is a piece of information that the computer that hosts our website gives to your browser when you access the website. Our cookies help provide additional functionality to the website and help us analyze website usage more accurately.  We may allow third party service providers (e.g., Google Analytics) to use cookies or similar technologies to track website visitors over time and across multiple websites and social media services. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.  In all cases in which we use cookies, we will not collect Personal Data except with your permission.  To opt-out of our use of cookies, you can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from websites that you visit.  On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off.  You can also visit https://www.networkadvertising.org/choices/ to learn more about opting out of interest-based advertising. We recommend that you leave cookies turned on because they allow you to take advantage of some of the website features.

Our website currently does not respond to “Do Not Track” (DNT) signals and operates as described in these Terms whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Cota’s Use of Your Personal Data and Other Information

Cota uses the Personal Data you provide in a manner that is consistent with these Terms. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to services or other information, we will use your Personal Data to provide you with access to such services and information.

Our Disclosure of Your Personal Data and Other Information

Cota is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a business sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our affiliated entities for purposes consistent with this Privacy Policy.

Agents, Consultants and Related Third Parties: Cota, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Cota may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Cota, (iii) act in urgent circumstances to protect the personal safety of users of the website or the public, or (iv) protect against legal liability.

Your Choices

You can visit the website without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain website features.

Exclusions

The Privacy Policy does not apply to any Personal Data collected by Cota other than Personal Data collected through the website. This Privacy Policy shall not apply to any unsolicited information you provide to Cota through the website or through any other means. This includes, but is not limited to, any ideas for new products or services, business plans, slide decks and other unsolicited submissions. All unsolicited information shall be deemed to be non-confidential and Cota shall be free to reproduce, use, disclose, and distribute such unsolicited information to others without limitation or attribution.

Submissions to Cota

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.

Titles

In addition, although certain individuals are identified on this website as “Partners” or “Managing Partners,” these titles reflect business usage that is customary within our industry and are not intended to indicate that any such individual is actually a partner or managing partner of any partnership as those terms are used for legal purposes. Such titles should not be construed to indicate that an individual has any ownership interest in Cota or a Cota affiliate nor should such titles be construed to indicate that an individual has any particular decision-making authority or responsibility.

Legal Notices

You are responsible for all information, content, and materials you contribute, disclose, or share in any manner on or through the website and you represent and warrant you have all rights necessary to do so. You are responsible for all your activity in connection with the website.

Nothing on the website or in the Materials constitutes professional or financial advice of any kind (including business, employment, investment advisory, accounting, tax, and/or legal advice). Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. Nothing on the website or in the Materials constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with, any contract or commitment whatsoever.

You acknowledge and agree that neither Cota nor any other person (including, without limitation, any affiliate of Cota) is in any way obligated to invest in any business you are associated with or offer you to invest in any Cota entity or affiliate. Further, Cota makes no representation, warranty, or guarantee that any use of its services will result in your employment or engagement as a consultant or receiving career development services of any kind.

THIS WEBSITE AND ALL MATERIALS ARE PROVIDED “AS IS.” NEITHER COTA NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE OR ANY MATERIALS. COTA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE OR ANY MATERIALS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. COTA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION ON THE WEBSITE OR IN THE MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS ON THE WEBSITE OR IN THE MATERIALS.

To the fullest extent allowed by applicable law, under no circumstances and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise, will Cota or its affiliates be liable to you or any other person for (i) any amount in excess of $100 or (ii) any consequential, incidental, special, punitive, or exemplary damages, regardless of whether Cota or its affiliates have been apprised of the likelihood of such damages occurring.

To the fullest extent allowed by applicable law, you agree to indemnify and hold Cota, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the website or any Materials (including any actions taken by a third-party using your account), and (b) your violation of these Terms.

You and Cota agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Cota and supersede all prior agreements and understandings relating to such subject matter. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California. These Terms are binding on you as well as your successors and permitted assigns. If any provision of these Terms is found to be unenforceable or 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.