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Terms of Use

Palisades Growth Capital
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Terms of Use – Table of Contents

Last Updated

Last updated: 2022.05.01

Policy Introduction

These terms of use (“Terms of Use”) are entered into by and between You and Palisades Growth Capital and its affiliated companies (collectively, the “Company”). These Terms of Use govern your access to and use of the website located at https://palisadesgrowth.com (the “Website”). [This Website is intended for use in the US only.]

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Website. If you visit the Website, you accept and agree to abide by and to be bound by these Terms of Use. Continued use of the Website constitutes the affirmative agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the Website.

By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.

No Offer and Suitability

This Website and any content provided thereon should not be considered a recommendation, an offer to sell or buy, or a solicitation of an offer to sell or buy any investment advisory service, any investment fund or other product, or any investment information.

Information provided on this Website (the “Information”) is intended for informational purposes only and is not intended to provide investment, financial, legal, tax or accounting advice, and should not be relied upon in that regard. Nothing in the Website constitutes investment advice or recommendations as to the suitability of any specific service, product, or information. Any investor relations materials on the Website are provided for convenience and informational purposes only and no investment or other decisions should be made solely based on such information or materials.

The information on this Website does not constitute an offer to sell an interest, or a solicitation of an offer to make an investment, in any proposed investment fund. No such offer or solicitation will be made prior to the delivery of definitive documentation relating to a fund and only eligible investors are qualified to invest in such funds.

Certain information constitutes “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “target,” “project,” “estimate,” “intend,” “continue,” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Due to various risks and uncertainties, actual events or results, the actual performance of any investment may differ materially from those reflected or contemplated in such forward-looking statements.

Although the Company’s funds seek to preserve the value of their investments, they cannot guarantee that the underlying companies will meet or maintain certain characteristics and/or targets. Past performance is not a guarantee of future results. Inherent in any investment is the potential for loss. There is no guarantee that any investment will be profitable and significant losses are possible. Investment losses may occur, and investors could lose some or all of their investment. No guarantee or representation is made that any investment program, including, without limitation, any of the funds’ investment objectives, diversification strategies or risk monitoring goals, will be successful, and investment results may vary substantially over time. Investment losses may occur from time to time. Nothing herein is intended to imply that the investment methodologies of the funds may be considered “conservative,” “safe,” “risk free” or “risk averse.”

Except where otherwise indicated herein, the information provided on this Website is based on matters as they exist as of the date such information was posted to the Website and not as of any future date, and will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or changes occurring after the date hereof.

Site Policies, Modification of Terms of Use, and Severability

Your continued use of the Website is subject to the Privacy Policy and Disclosure Policy posted on the Website. These policies also govern your visit to the Company’s other websites. We reserve the right to make changes to the Website and policies, including these Terms of Use, the Privacy Policy and Disclosure Policy. You are responsible for regularly reviewing the Terms of Use and any additional terms or policies, as may be updated from time to time. If the updates to these Terms of Use, in our sole discretion, are material, we will notify you in advance by sending an email to the address associated with your account or by otherwise providing notice through other means. By continuing to access or use the Website after the revised Terms of Use become effective, you agree to be bound by the revised Terms of Use. If any term(s) set forth in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such term(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining term(s).

Privacy and Disclosure

In connection with your use of our Website, you expressly agree to our Privacy Policy (“Privacy Policy”) and our Disclosure Policy (“Disclosure Policy”), each of which are incorporated herein by reference. Please read our Privacy Policy document for more information on what data we collect, what we do with this information, and what steps we take to comply with the GDPR rules.

The Privacy Policy and Disclosure Policy are part of these Terms of Use and by agreeing to the Terms of Use, you agree to be bound by and comply with the terms of the Privacy Policy and Disclosure Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Disclosure Policy.

Electronic Communications

When you visit the Company’s Website or send e-mails to us, you are communicating with us electronically. You consent to receive notices and other communications that the Company provides to you electronically, via email and on the Website. You agree that all such agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

You agree that the Website and all content on the Website, such as text, graphics, logos, button icons, marks, photographs, videos, images, audio clips, digital downloads, data compilations, and software, are the property of the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The compilation of all content on the Website is the exclusive property of the Company and is protected by domestic and international copyright laws. All software used on the Website is the property of the Company or its software suppliers and is protected by domestic and international copyright laws.

Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property displayed or used on the Website, without the prior written permission of the Company. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of the Company, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without prior, written permission from the Company. Other company names mentioned on the Website may be the intellectual property of their respective owners.

License and Site Access

The Company hereby grants you a limited, non-commercial license to use the Website. You must not download (other than page caching), modify, reproduce, duplicate, copy, sell, resell or otherwise exploit the Website, or any portion of it, except with express written consent of the Company. This license does not include any (i) resale or commercial use of the Website or its contents; (ii) any derivative use of the Website or its contents; (iii) any downloading or copying of account information for the benefit of another merchant; or (iv) any use of data mining, robots, or similar data gathering and extraction services. The use of spiders, robots, scrapers or any other means, whether through the use of automated software or through a physical or mechanical system, is strictly prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may not use any Company logos or other proprietary graphic or trademark without the Company’s express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without the Company’s express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.

Your Account

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify the Company immediately of any unauthorized access to or use of your username or password or any other breach of security.

The transmission of information via the Internet is not completely secure, and the Company cannot guarantee the security of your personal information transmitted to the Website. Any transmission of personal information is at your own risk.

The Company reserves the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by the Company, in the Company’s sole discretion for any or no reason, including any violation of any provision of these Terms of Use. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are prohibited from attempting to circumvent and/or violating the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Company’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and/or (i) otherwise attempting to interfere with the proper working of the Website.

Description of Site and Services

Through the Website, the Company provides you with access to a variety of services. Such services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms of Use.

The Company may also provide links and pointers to Internet websites maintained by third-parties (including our portfolio companies). The list of portfolio companies provided on the Website does not represent the entire portfolio and these links are provided for convenience only. Therefore, you should not rely upon this information in making any decision, including, but not limited to, any decision concerning a particular portfolio company or investment. Please contact the Company for a complete list of holdings and your legal or tax professional for proper advice.

The Company does not endorse, approve, certify, or control third-party websites and does not assume responsibility for the accuracy, completeness, or timeliness of the information located on such websites. The Company does not operate or control, in any respect, any information, content, products or services on these third-party websites, and the Company accepts no responsibility for them or for any loss or damage that may arise from your use of them. The Company is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. You should carefully review any third party privacy statements and other terms of use. Visitors to these websites should not automatically use or rely on the information contained therein.

The material in the Website and the third-party sites are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to the applicable law, the Company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose. 

Reviews, Comments, Communications and Other Content

These content standards apply to any and all reviews, comments, and other content and communications posted or otherwise submitted by you. Such communications must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, any communications by you that are posted on the Website must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Involve political campaigning or commercial activities or sales, such as contests, sweepstakes, chain letters, mass mailings or any form of “spam”.
  • Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.
  • Use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

If you do post content or submit material, and unless the Company indicates otherwise, you hereby grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You hereby grant the Company and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms of Use and will not cause injury to any person or entity; and that you indemnify the Company for all claims resulting from content you supply. The Company has the right, but not the obligation, to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. 

It is the Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), or similar regulations. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify our DMCA Agent. For your complaint to be valid under the DMCA, it must contain all the elements provided in 17 USC §512(c)(3) and be submitted to the site owner.

Disclaimer of Warranties and Limitation of Liability

YOU UNDERSTAND THAT THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, SECURITY, COMPLETENESS, RELIABILITY, QUALITY, ACCURACY OF THE WEBSITE OR THE CONTENT OR MATERIALS INCLUDED ON THE WEBSITE (INCLUDING, FOR CLARITY, FROM ANY THIRD-PARTY SITE LINKED TO THIS WEBSITE). THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E- MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Indemnification

You agree to defend, indemnify, and hold the Company, its affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, damages, liabilities, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your (i) use of the Website; (ii) breach of these Terms of Use, or (iii) violation of any applicable law or the rights of a third party, including intellectual property rights.

Disputes

Any dispute, claim or controversy relating in any way to these Terms of Use or your visit to the Company’s Website shall be resolved through binding and final arbitration [conducted in Delaware, by and in accordance with the then existing rules of the American Arbitration Association,] except that, to the extent that you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. 

Waiver

The failure of the Company to enforce any provision of these Terms of Use shall not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with any other provision of these Terms of Use.

Remedies

You acknowledge that violation of these Terms of Use could cause irreparable harm for which monetary damages may be difficult to ascertain or an inadequate remedy. You therefore, agree that the Company shall be entitled, in addition to its other rights, to seek and obtain injunctive relief for any violation of these Terms of Use without the filing or posting of any bond or surety. Furthermore, in the event a lawsuit or action is brought by any party under these Terms of Use to enforce any of its terms, it is agreed that if the Company shall be deemed to be the prevailing party as determined by final judgment, not subject to appeal, of a court of competent jurisdiction, the Company shall be entitled to recovery of reasonable attorney’s fees, expert fees, litigation expenses and court costs in addition to any other relief granted by the court.

Severability

If any term or provision in these Terms of Use are found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety, and unless such term or provision is material to the performance of these Terms of Use, the remainder of these Terms of Use shall survive with the said offending provision eliminated.

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