Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.

Lotus Capital LLC dba Thermal (“Thermal”), maintains this web site as a service to its clients, potential clients, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

Copyright and Trademark Information

This web site, and the information which it contains, is the property of Thermal and its affiliates, licensors and portfolio companies, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

Use of Thermal Web Site and Its Content

The information contained in this web site is for general guidance on topics selected by Thermal. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site. The information on this web site is provided with the understanding that Thermal providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.

Thermal may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend Thermal from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Thermal authorizes you to view, copy, download, and print Thermal documents (such as white papers, newsletters, press releases, and other informational materials) that are available on this web site, subject to the following conditions:

The documents may be used solely for noncommercial, informational purposes only.
The documents may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Thermal or such third party that may own the trademark or copyright of material displayed on this web site.

Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to our funds, our limited partners, our portfolio companies and a variety of 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. Please interpret any statement we make (on this website or otherwise) in that context.

Thermal reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Availability of Products and Services Mentioned

Information that Thermal publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Thermal or any of its portfolio companies intend to announce or make available such products or services to the general public, or in your country.

No Warranties

INFORMATION AND DOCUMENTS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, THERMAL DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Thermal periodically adds or updates the information and documents on this web site without notice.

It is the user’s responsibility to ascertain whether any information downloaded from this web site is free of viruses, other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THERMAL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF THERMAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THERMAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

Links to Third-Party Web Sites

This web site may contain links to non-Thermal web sites. These links are provided to you as a convenience, and Thermal is not responsible for the content of any linked web site. Any outside web site accessed from the Thermal web site is independent from Thermal, and Thermal has no control over the content of that web site. In addition, a link to any non-Thermal web site does not imply that Thermal endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Thermal of that third party or of any product or service provided by a third party.

Jurisdictional Issues

Thermal makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to Thermal

Due to the large number of business plans 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 of any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary. Any information other than business plans, communicated to Thermal through or with respect to this web site is the exclusive property of Thermal. Thermal is entitled to use any information submitted for any purpose, without restriction (except as stated in Thermal’s Privacy Statement, if any) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Thermal and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms and Conditions

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 California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Thermal entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles, California. 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 Thermal 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.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Thermal, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact Thermal’s legal Department at legal@thermal.co