Nomination Terms and Conditions
Effective January 22, 2023
To recognize the success of the SMBTech industry, GGV Capital (“GGV,” “we,” “us,” or “our”), in partnership with Crunchbase, launched the “SMBTech 50 list”, the first list to recognize the growth and potential of technology startups that serve small and medium-sized businesses (“SMBs”).
We welcome nomination submissions! If you are a technology startup serving an SMB, an investor in SMB-focused technology startups, or would otherwise like to nominate a technology startup focused on serving the SMB market, we invite you to submit a nomination for such startup to be included in our list via our nomination submission form (a “Nomination”), subject to the following Terms and Conditions (“Terms and Conditions”).
If you accept or agree to the Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and Conditions, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the opportunity to submit a Nomination form, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on our website located at www.smbtech50.com (“Website”). By continuing to submit a Nomination form after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to not submit a Nomination form.
1. WHO MAY SUBMIT A NOMINATION
Nominations may be submitted on behalf of business entities and individuals aged 18 years or older subject to the criteria set forth below. If you are 18 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to reject your Nomination or any portion thereof, without notice and without reason.
2. SUBMISSION OF NOMINATIONS
We consider nominated companies (“Nominees”) that are primarily involved in providing tech services to SMBs. By submitting a Nomination form, you are confirming that you have used good faith and reasonable efforts to confirm your Nominee meets the requisite criteria for our consideration.
In the event of a dispute concerning the eligibility of any Nominee to be considered by GGV as a member of the SMBTech 50 list, GGV’s decision shall be final.
3. NOMINATION INFORMATION
4. SELECTION PROCESS
In tandem with the Nominees you submit, we conduct our own research to identify technology startups serving the SMB market. We make our selections based on the methodology available at [___]. The Nominees are then combined to comprise a voting ballot presented to venture capital investors curated by GGV to participate in the nomination process, some of which may have nominated companies inside and outside their portfolios. To ensure inclusivity, only 40% of the total votes will be allocated to portfolio companies. Investor votes are then calculated and the top 50 companies across various categories are determined by GGV in its absolute and sole discretion, taking into account the investor votes. The SMBTech 50 honorees will also be recognized on Crunchbase.
5. INTELLECTUAL PROPERTY
The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms and Conditions, GGV and its licensors exclusively own all right, title, and interest in and to the Website, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website.
You may view all content on the Website (the “Content”) for your own internal business use and not for any other use, including any commercial use, without the prior written consent of GGV. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Website automatically terminates and you must immediately destroy any copies you have made of the Website.
The trademarks, service marks, and logos of GGV (the “GGV Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of GGV. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with GGV Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of GGV Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and our services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.
7. NO WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND OUR OFFERING OF THE SMBTECH 50 LIST, INCLUDING SUBMISSIONS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER GGV NOR GGV’S SUPPLIERS MAKE ANY GUARANTEES, WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND GGV HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT GGV AND GGV’S SUPPLIERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR YOUR SUBMISSION OF A NOMINATION OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THIS AGREEMENT, YOUR SUBMISSION OF A NOMINATION OR INCLUSION IN THE SMBTECH 50 LIST, SHALL BE LIMITED TO TEN DOLLARS ($10).
8. EXTERNAL SITES
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You will indemnify, defend, and hold GGV, its Affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “GGV Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any GGV Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your use of the Website or submission of a Nomination in violation of this Agreement; (ii) your breach of this Agreement; or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise. “Affiliate” means, with respect to any entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
10. COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Website may be viewed or be appropriate for use outside of the United States. If you access the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
11. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, or the ability to submit a Nomination at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
12. EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.
13. CONTROLLING LAW; EXCLUSIVE FORUM
The Agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The Parties hereby consent and agree to exclusive forum in state courts located in San Mateo County, CA and federal courts of the Northern District of California, for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement
14. MARKETING AND PUBLICITY
You hereby consent and agree that we may use your trade names, trademarks, service marks, trade dress, and logos on our Website and in any advertising, publicity, or other promotional materials or activities relating to the SMBTech 50 List.
If the Agreement is terminated in accordance with the termination provision in Section 9 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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