I am being granted access to the information contained on this site (“Presentation”) in order to review certain information of the venture capital funds managed by Khosla Ventures, LLC (the “Funds,” and together with its Khosla Ventures, LLC and its and the Funds’ affiliates, the “Firm”). As a condition of access to the site and in consideration of the mutual covenants and agreements below, by clicking on the “I Accept” button, I acknowledge and agree with the Firm to the following “Conditions of Access”:
1. Confidentiality. All information in the Presentation as well as all other information whether electronic, written or oral communications or information delivered by the Firm or derived from the foregoing (collectively, the “Information”) provided to me, my employer or any of my or their affiliates, or the respective directors, partners, members, officers, employees, agents, advisors, accountants, internal or external auditors or legal counsel of the foregoing (collectively, “Authorized Users”) shall be deemed proprietary and is highly confidential information regarding the business, prospects, operations and financial condition of the Funds, the Firm and other investors in or any current or prospective portfolio companies of the Firm. The Information is for use solely by Authorized Users who have a need to know the Information for the permitted purpose and shall be maintained in strict confidence.
2. Use. I will use, and will ensure that the Authorized Users use, the Information solely in furtherance of evaluating my interest in, or prospective purchase of an interest in, the Funds and not for any other purposes, and will not, and will ensure that the Authorized Users will not, without the prior express written consent of the Firm, reproduce or disclose the Information, in whole or in part, in any manner to any person other than an Authorized User bound by the terms of these Conditions of Access. I will not, and will ensure that the Authorized Users will not, attempt to circumvent any of the security features of the site, and I will not, and will ensure that the Authorized Users will not, enable or allow others to access the site using my authorization to the site. I agree, and will ensure that the Authorized users agree, to comply with any request by the Firm to promptly return or destroy all copies of the Information, and all copies, extracts, derivations and other objects or items in which the Information may be contained or embodied as well as all information, records and materials developed therefrom. Any restrictions contained herein shall not apply to any Information that I can document is currently or becomes publicly known or readily available in the absence of any improper or unlawful action or is required to be disclosed pursuant to applicable law (provided only the minimum disclosure required is made and I notify the Firm and work with it to limit such disclosure).
3. Disclosure. I am not, and no Authorized User is, subject to any legal, contractual or other obligations to disclose Information that would cause a breach of these Conditions of Access. I will promptly notify the Firm of any unauthorized release, disclosure or use of the Information or request to disclose any Information prior to such disclosure. I agree to take appropriate measures, and will ensure that the Authorized Users take appropriate measures, to protect the Information provided to me and any related Authorized User from unauthorized disclosure or use of any Information and I and any related Authorized Users will be responsible for any breaches of these Conditions of Access by me and any related Authorized Users. I further agree that I will not provide my Presentation login information to any party other than the Authorized Users.
4. Disclaimer. Access to and information presented in the Presentation is presented “as is” without any warranties, express or implied. The Firm hereby disclaims all representations and warranties of any kind, including without limitation the implied warranties of merchantability and fitness for a particular purpose. The Firm will not be liable to me or any Authorized User for damages arising from any use of the Information, errors, omissions or otherwise. Any Information provided to me does not create an obligation on the part of the Firm to continue delivery of additional Information or to enter into any agreement with me. Certain statements provided with the Information that are not historical facts may contain forward-looking statements regarding the Firm future plans, objectives and expected performance. Any such forward-looking statements are based on assumptions that the Firm believes are reasonable, but are subject to a wide range of risks and uncertainties and, therefore, there can be no assurance that actual results may not differ from those expressed or implied by such forward-looking statements. Any Information provided with respect to an entity in the process of formation shall be qualified in its entirety to the definitive organizational documents and other agreements concerning such entity.
5. Securities Information. The issuance of access or a password to the Presentation and the Information contained therein does not constitute an offer to sell to any person, or a solicitation to any person to buy, limited partner interests in the Funds in any state or jurisdiction in which such an offer or solicitation would be prohibited by law or to any person who is not an “accredited investor” as defined in Regulation D under the Securities Act. The contents of the Presentation should not be construed as legal, business, tax, accounting, investment or other advice, and each Investor should consult its own advisers as to legal, business, tax, accounting, U.S. Employee Retirement Income Security Act of 1974, as amended, and other related matters concerning an investment in the Funds. No document in the Presentation shall constitute an offer to any person that is subject to the Bank Holding Company Act of 1956, as amended (the “BHC Act”), except to the extent the acquisition or retention of an interest in the Funds would be permitted under the BHC Act.
6. Miscellaneous. These Conditions of Access are governed by the laws of the State of California. Any modification or waiver of these terms must be in writing signed by both me and the Firm. If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The obligations hereunder shall be continuing and shall survive termination of any other agreement between me and the Firm, if any. To the extent I, my employer or any Authorized User am or become an investor in the Funds, all confidentiality obligations regarding the Information will be governed by the Funds’ respective governing documents to the extent that such Information is addressed by the confidentiality obligations in such governing documents.
By clicking on the “Accept” button, I acknowledge that I have read, understand, and agree to the above conditions, I certify that I have the authority to bind myself, my employer and the Authorized Users, and am binding myself, my employer and the Authorized Users. If I do not unconditionally agree to these terms, I understand that I will not be allowed to access the Presentation.