Terms of Service

Thanks for your interest in our Website at www.surgeahead.com. Your use of this Website, including the content, materials and information available on or through this Website (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms. This Website provides, among other things, information about the application process to the “Surge” program, the interface for applicants to submit applications, and FAQs about the Surge program.

Who we are

This Website is maintained and operated by 10xF (“Surge” or “we”), which is operating under the “Surge” brand and is being advised by an investment advisor. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

Materials

Except for certain Materials as may be provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other 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. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.

Third-Party Sites

We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

Password Protected Areas

Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable legal entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and Surge individuals/employees/consultants and affiliates generally have limited liability with respect to the accuracy and completeness of such Materials.

No Offer, Solicitation or Advice Except

To the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified in writing by a duly authorized representative, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision; or (iv) a promise/undertaking to invest or provide financing. Except as expressly stated by a duly authorized representative in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Surge’s investment activities.

Restrictions on Use; No License

We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

Ownership of Trademarks, Etc.

All text, photos, graphics, logos, content and other Materials on this Website are protected by applicable copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to Sequoia Capital Operations LLC, its affiliates or their respective owners, and this Website grants no license to them. SURGE is a trademark in the United States, Singapore and/or other countries.

Submitting a Business Plan or Other Confidential Information

All applications for the Surge program should be submitted following the process set out at www.surgeahead.com/apply, which includes the execution of a non-disclosure agreement.