Terms & Conditions

Effective Date: January 1, 2024

Please read the following Terms of Service agreement carefully. By accessing or using our website (the “Site”) or our services, you hereby agree to be bound by these terms and conditions and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer, to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our site or our services.

Overview

The site (tailwinds.vc) is operated by Tailwinds Management LLC. Throughout the Site, the terms “we,” “us,” and “our” refer to Tailwinds Management LLC. We offer this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our Site, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

General Terms

Ownership of and License to Use Tailwinds Management LLC Properties

  1. Use of the Website: Tailwinds Management LLC and its licensors hold all rights, title, and interest in the Website, which is protected by copyright and other intellectual property laws globally. Under this Agreement, Tailwinds Management LLC grants you a limited license to use the Website exclusively for its intended purpose. Any future releases, updates, or additions to the Website will also be governed by this Agreement. Tailwinds Ventures and its licensors retain all rights not explicitly granted in this Agreement.
  2. Trademarks: All graphics, logos, service marks, and trade names utilized on or in connection with the Website are trademarks of Tailwinds Management LLC and are not to be used without prior permission in association with any third-party products or services. Other trademarks, service marks, and trade names appearing on or in the Website are owned by their respective entities. You are prohibited from removing, altering, or obscuring any copyright notices,trademarks, service marks, or other proprietary rights notices included in or accompanying the Website.
  3. Website Use Restrictions: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Content

Ownership of and License to Use Tailwinds Management LLC Properties

  1. No Implied Endorsements: Any mention of third parties or their products/services on our platform does not constitute an endorsement or approval by Tailwinds Management LLC. Such references should not be interpreted as a recommendation of any third party or their offerings.
  2. Informational Purpose Only: The website serves solely as an informational resource. Content available on the site is not intended as, and should not be taken as, investment advice or recommendations, nor is it an offer to sell or invitation to buy any securities. While Tailwinds Ventures endeavors to ensure the accuracy and completeness of site information, it does not guarantee this aspect and acknowledges that some key details, including risks and disclosures, may not be present. Portfolio companies showcased on the site are selected examples to illustrate Tailwinds Ventures’s investment strategies and are not indicative of the entire investment portfolio.

Proprietary Rights

You do hereby acknowledge and agree that Tailwinds Management LLC and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Tailwinds Management LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Tailwinds Management LLC Services (e.g. Content or Software), in whole or part.

Indemnity

All users and/or members agree to insure and hold Tailwinds Management LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors, blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit, or otherwise make available through our Services, the use of Tailwinds Ventures Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Modifications

Tailwinds Management LLC reserves the right, at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services or any part thereof.

Third-Party Links

Either Tailwinds Management LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Tailwinds Management LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or reliance on any such content, goods, or Services made available on or through any such site or resource. Your use of all Third-Party Links is at your own risk.

Warrant and Disclaimers

You herein expressly acknowledge and agree that:

  1. The use of Tailwinds Management LLC services and software is at the sole risk by you. Our services and software shall be provided on an “as is” and/or “as available” basis. Tailwinds Management LLC and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
  2. Tailwinds Management LLC and our subsidiaries, officers, employees, agents, partners, and licensors make no such warranties that (i) Tailwinds Management LLC services or software will meet your requirements; (ii) Tailwinds Management LLC services or software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Tailwinds Management LLC or software will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services or software will meet your expectations; and (v) that any such errors contained in the software shall be corrected.
  3. Any information or material downloaded or otherwise obtained by way of Tailwinds Management LLC services or software shall be accessed by your sole discretion and sole risk, and as such, you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
  4. No advice and/or information, despite whether written or oral, that may be obtained by you from Tailwinds Management LLC or by way of or from our services or software, shall create any warranty not expressly stated in the terms.

Limitation of Liability

You explicitly acknowledge, understand, and agree that Tailwinds Management LLC and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:

  1. The use or inability to use our service.
  2. The cost of procuring substitute goods and services.
  3. Unauthorized access to or the alteration of your transmissions and/or data.
  4. Statements or conduct of any such third party on our service.
  5. And any other matter which may be related to our service.

Release

In the event you have a dispute, you agree to release Tailwinds Management LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Dispute Resolution

This section outlines the arbitration agreement, requiring disputes with Tailwinds Management LLC to be resolved through arbitration rather than court proceedings, with exceptions for small claims court and intellectual property infringement cases.

  • Applicability: This agreement mandates that disputes relating to the Website or its terms will be arbitrated, excluding small claims court cases and situations where equitable relief for intellectual property issues is sought.
  • Arbitration Rules and Forum: Governed by the Federal Arbitration Act, arbitration begins by sending a request to Tailwinds Ventures’s legal counsel. JAMS will conduct the arbitration under its rules, or an alternative forum will be chosen if JAMS is unavailable. Tailwinds Ventures will cover arbitration costs under certain conditions, and the arbitration may occur via telephone, written submissions, or in- person in San Mateo County, California, or another agreed location.
  • Authority of Arbitrator: The arbitrator has exclusive authority to decide on the arbitration’s applicability and all related disputes, with the ability to grant all forms of legal and equitable relief.
  • Waiver of Jury Trial: Both parties waive the right to a court trial, agreeing to resolve disputes through arbitration.
  • Waiver of Class Actions: Disputes must be arbitrated on an individual basis, prohibiting class or collective actions.
  • Opt-Out: You have 30 days from becoming subject to this agreement to opt out by notifying Tailwinds Ventures’s legal counsel in writing.
  • Severability: If any part of this agreement is found invalid or unenforceable, that part will be severed, leaving the remainder in effect.
  • Survivorship: This agreement persists after the termination of your relationship with Tailwinds Ventures.
  • Modification: Any future changes to this agreement can be rejected within 30 days of the change by notifying Tailwinds Ventures’s legal counsel.

Choice of Law and Forum

It is at the mutual agreement of both you and Tailwinds Management LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Tailwinds Management LLC, shall be filed within the courts having jurisdiction within the County of United States, California or the U.S. District Court located in said state. You and Tailwinds Management LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Intellectual Property Rights

You herein acknowledge, understand, and agree that all of the Tailwinds Management LLC trademarks, copyright, trade name, service marks, and other Tailwinds Management LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Tailwinds Management LLC.

With regards to appropriate circumstances and at its sole discretion, Tailwinds Management LLC may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon.
  3. A description of the location of the site which you allege has been infringing upon your work.
  4. Your physical address, telephone number, and email address.
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law.
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
  7. The Tailwinds Management LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

    Mailing Address:
    Tailwinds Management LLC
    Attn: Copyright Agent
    2744 Sand Hill Road, Suite 100
    Menlo Park, California 94025

    Telephone: +1 (650) 585-5450
    Fax: +1 (650) 585-5451
    Email: contact@tailwinds.vc

Termination

You agree that Tailwinds Management LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline.
  2. by way of requests from law enforcement or any other governmental agencies.
  3. the discontinuance, alteration and/or material modification to our Services, or any part thereof.
  4. unexpected technical or security issues and/or problems.
  5. any extended periods of inactivity.
  6. any engagement by you in any fraudulent or illegal activities; and/or.
  7. the nonpayment of any associated fees that may be owed by you in connection with your https://tailwinds.vc/ the nonpayment of any associated fees that may be owed by you in connection with your https://tailwinds.vc/ account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with https://Tailwinds Ventures.com shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within https://tailwinds.vc/ the removal of any access to all or part of the Services offered within https://tailwinds.vc/
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof and.
  3. the barring of any further use of all or part of our Services.

Notice

Tailwinds Management LLC may furnish you with notices, including those with regard to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Statute of Limitations

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within year(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this Agreement to Tailwinds Management LLC as follows:

Mailing Address:
Tailwinds Management LLC
2744 Sand Hill Road, Suite 100
Menlo Park, California 94025

Telephone: +1 (650) 585-5450
Fax: +1 (650) 585-5451
Email: [email protected]

Government Request

In order to cooperate with governmental requests, subpoenas, or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

Foreign Access of Site

The Site is controlled, operated, and administered by Tailwinds Ventures from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Tailwinds Ventures’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the Tailwinds Management LLC Online Privacy Policy. As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Tailwinds Management LLC and/or our subsidiaries and affiliates.

Entire Agreement

This Agreement constitutes the entire agreement between you and Tailwinds Management LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Tailwinds Management LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Tailwinds Management LLC Services, affiliate Services, third-party content or third-party software.