Terms of Use

The PitchBook web-based research platform ("Site") provides premium data, news and analysis on the private equity and venture capital industries pursuant to a subscription agreement with you or your subscribing organization. By using the Site, you agree to be bound by the following terms of use ("Terms of Use"):

1. USE OF THE SITE. You may access and use the Site and the content made available to you on the Site ("Content") in accordance with these Terms of Use for your individual research purposes in connection with you or your subscribing organization's internal business operations, but not for commercial exploitation.

2. REGISTRATION AND PASSWORDS. You are required to register for a single user account with a user name and password. You must complete the registration process by entering your general contact information in the "My Account" section of the PitchBook product including current, complete and accurate information as prompted by the form. YOUR ACCOUNT, USERNAME AND PASSWORD ARE SOLELY FOR YOUR PERSONAL USE TO ACCESS THE SITE AND YOU MAY NOT PERMIT ANYONE ELSE TO USE YOUR ACCOUNT, USER NAME OR PASSWORD. You are responsible for all use of your account, user name and password and for preventing unauthorized use. If you believe there has been unauthorized use, you must notify PitchBook immediately by emailing sales@pitchbook.com.?PitchBook may suspend, disable or change your account, user name or password at any time.

3. LIMITATIONS ON USE. Except for the limited rights to download, store and print Content set forth in the Fair Use policy in Section 4, you agree not to otherwise download, store, reproduce, republish, transmit, display, distribute or take screen shots of any portion of the Content or Site. You further agree not to (a) sell, rent, lease, loan, transfer, sublicense or otherwise make available or permit access to the Content or Site to any third party; (b) modify, decompile, disassemble or reverse engineer any portion of the Content or Site; (b) use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process or methodology or process having similar functionality, to access, acquire, copy or monitor any portion of the Content or Site; (c) violate the security of the Site or attempt to gain unauthorized access to the Site, Content or PitchBook's computer systems or networks connected to any server associated with PitchBook, through hacking, password mining or any other means; (d) use the Site or Content retrieved from the Site in any manner that infringes or violates the rights of PitchBook or any third party; (e) export or re-export the Site or any portion thereof or the Content in violation of the export control laws and regulations of the United States of America; and (f) use the Site or Content in any manner that is unlawful or harms PitchBook, its service providers, suppliers or any other user.

4. FAIR USE POLICY. Contingent upon other usage limits of your organization's License Agreement with PitchBook, you may (a) incorporate limited data derived from the Content into presentations and reports for use solely in connection with your subscribing organization's internal business purposes; (b) using the functionality of the Site, download and store up to 250 profiles per day or 500 profiles per month; provided that you do not store any data or individual profile for longer than thirty (30) days. Neither downloading nor printing shall be done for the purpose so as to obtain a substantial part of such data and / or information or subset thereof. If you would like to publish aggregate data derived from the Content outside of your subscribing organization, you must attribute PitchBook as the source of the data and you must obtain PitchBook's prior written permission. If you would like to obtain permission to publish aggregated data, you may seek permission by emailing PitchBook a copy of your proposed publication via email to sales@pitchbook.com.

5. RESERVATION OF RIGHTS. All right, title and interest (including all copyrights and other intellectual property rights) in the Site and Content belong to PitchBook and its suppliers. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Site and Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to remove or obscure the copyright or other notices contained in Content retrieved from the Site including but not limited to any copyright or other notices included on the printable profiles.

6. NO WARRANTY; DISCLAIMER. The Site and Content are provided for educational or informational purposes only and are not intended to provide legal, accounting, investment or financial advice and should not be relied upon in that respect. You should not act or rely on any information on the Site without seeking the advice of a professional. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on the Site or on any site linked to the Site, is that of the respective author or distributor and not of the Site. The Site assumes no obligation to update the Content, advise on further developments concerning topics mentioned or update the functionality of the Site. The Content contained on the Site may contain typographical errors. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PITCHBOOK AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. PITCHBOOK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OR CONDITIONS OF (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT; (B) OF ADEQUACY, ACCURACY, TIMELINESS AND COMPLETENESS OF CONTENT OR RESULTS; (C) ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (D) OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

7. LIMITATION OF LIABILITY; EXCLUSIVE REMEDY. IN NO EVENT WILL PITCHBOOK OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST PITCHBOOK OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE OR CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PITCHBOOK'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES INCURRED BY YOU IN RELIANCE UPON THESE TERMS OF USE UP TO A TOTAL OF $50.

8. FORCE MAJEURE. PitchBook is not held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

9. LINKS TO THIRD PARTY SITES. The Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of PitchBook and PitchBook is not responsible for the contents of any Linked Site, including without limitation any content contained in a Linked Site or any changes or updates to a Linked Site. PitchBook is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PitchBook of the site or any association with its operators.

10. CLAIMS OF COPYRIGHT INFRINGEMENT. PitchBook respects the intellectual property rights of others and asks that everyone using the Site do the same. Anyone who believes that their work has been reproduced on the Site in a way that constitutes copyright infringement may notify PitchBook's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

(a) Identification of the copyrighted work that you claim has been infringed;
(b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Site so that the copyright agent can locate it;
(c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
(d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent as follows:

By mail:
President
PitchBook Data, Inc.
1201 Alaskan Way, Pier 56 - Suite 200
Seattle, WA 98101

By e-mail
sales@pitchbook.com

If you give notice of copyright infringement by text e-mail, PitchBook's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

11. MODIFICATIONS TO TERMS OF USE. PitchBook reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will be posted in the Terms of Use section of the Site and any such modifications will be effective upon the posting of such updated terms. Your continued use of the Site or Content constitutes your binding acceptance of such modifications. Please check the Terms of Use each time before you access the Site to determine whether a change has been made to these Terms of Use. If you do not agree to any changes in these Terms of Use as they may occur, please arrange to terminate your registration with the Site immediately and discontinue your use of the Content and the Site.

12. UNLAWFUL ACTIVITY. PitchBook reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

13. REMEDIES FOR VIOLATIONS. PitchBook reserves the right to seek all remedies available at law and in equity for violations of the Terms of Use, including but not limited to the right to block access from a particular internet address to this Site and any other PitchBook web sites and their features.

14. INDEMNIFICATION. You agree to indemnify, defend and hold PitchBook, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use.

15. CHOICE OF LAW; EXCLUSIVE JURISDICTION AND VENUE. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Site, Content and these Terms of Use.

16. THIRD PARTY RIGHTS. The provisions of sections 6 (No Warranty; Disclaimer), 7 (Limitation of Liability; Exclusive Remedy) and 13 (Indemnification) are for the benefit of PitchBook and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

17. GENERAL. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. PitchBook may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Site or Content. PitchBook's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except for any subscription agreement entered into by you or your subscribing organization and PitchBook, these Terms of Use constitutes the entire agreement between you and PitchBook with respect to the Site and Content and supersedes all prior or contemporaneous communications of any kind between you and PitchBook with respect to the Site and Content.

For more information regarding this terms of use, please contact PitchBook

By mail:
President
PitchBook Data, Inc.
1201 Alaskan Way, Pier 56 - Suite 200
Seattle, WA 98101

By e-mail:
sales@pitchbook.com