These Terms of Use constitute a legally binding agreement between 5C Investment Partners, LP and their affiliates (together, “5C,” “our,” “us” or “we”) and you, the user of 5cinvest.com, including any subdomain thereof (the “Site”). By accessing the Site you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of the Site. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.
5C reserves the right to amend these Terms of Use in its sole discretion. 5C will post any changes to these Terms of Use on the Site, and changes are effective immediately upon posting. Your continued access or use of the Site following any such changes constitutes your acceptance of, and agreement to be bound by, such new terms and conditions. If you object to any of the changes to these Terms of Use, please stop accessing the Site. You should check this page each time you visit the Site and review any changes to these Terms of Use carefully so you are aware of any changes, as they are binding on you.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with 5C. If you do not meet all of these requirements, you must not access or use the Site. By accessing this Site, you consent to transact business with us online and electronically.
PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS
The information presented on or through the Site is made available solely for informational purposes in relation to 5C and its current and potential investments and other business ventures. 5C does not warrant the accuracy, completeness, or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. 5C disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site is not intended to provide legal, business, tax, accounting, investment, or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or other investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.
REGULATORY DISCLOSURES
5C does not solicit or make its services available to the public. The Content provided on or through the Site may include information regarding past and/or present investments managed by 5C and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present investments should not be construed as a recommendation of any particular investment or security. Information relating to any current or prior investments have been included for illustrative purposes only and have been selected in order to provide examples of the types of investments managed by 5C. Current and previous investments listed on the Site are not to be considered a complete list of all investments historically managed by 5C. The investments listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.
Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of 5C as of the date such statements were made. 5C does not (i) assume any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertake any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in our expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements. 5C is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level of skill or training.
PRIVACY POLICY
In addition to these Terms of Use, your access to and use of the Site is also subject to our to the privacy policy found on our website (the “Privacy Policy”), which is incorporated by reference herein. The Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. By accessing or using the Site, you agree that you have read, understand and agree to the Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of 5C’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify 5C immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 5C has the right to disable any user, whether chosen by you or provided by us, at any time in 5C’s sole discretion for any or no reason, including if, in 5C’s opinion, such user has violated any provision of these Terms of Use.
PROHIBITED CONDUCT
You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable law, rules or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. By way of example, and not as limitation, you agree that you may not:
use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site; attempt to gain unauthorized access to the Site or the computer systems or networks connected to the Site through hacking, password mining or any other means; create user accounts by automated means or under false or fraudulent pretenses; utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating 5C; transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; email or transmit any inappropriate, defamatory, infringing, obscene, or unlawful content;
run Maillist, Listserv, or any form of auto-responder or “spam” on the Site;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping,” retrieving or indexing any portion of the Site, collecting information about its users for any unauthorized purpose or any other activity with the purpose of obtaining content or other information;
interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
download any file posted that you know, or reasonably should know, cannot be legally distributed in such manner;
impersonate another person or entity;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site; use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal or state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions); use the Site for any commercial purpose whatsoever other than for your own personal use.
OWNERSHIP
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts, and other information (collectively, the “Content”)) are proprietary to 5C or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether 5C or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.
THIRD-PARTY LINKS
From time to time, 5C may provide links from the Site to websites operated by third parties. 5C’s decision to do so is in no way an endorsement of these sites. 5C does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website, you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. 5C reserves the right to terminate any link at any time.
INVESTMENT DISCLAIMERS
The investments and strategies discussed throughout the Site may not be suitable for all investors and are not obligations of or guaranteed by 5C or any of its affiliates. Nothing on the Site is to be construed as a solicitation to offer investment advice or services. Information about investing in 5C funds is only available in the form of private placement memoranda and other offering documents. These documents contain information to help investors evaluate 5C funds’ investment objectives, risks, fees and expenses, among other factors, before considering an investment. By using this Site, you agree that 5C is not liable for any action you take or decision you make in reliance on any website content. Further information about 5C is also available in 5C’s Form ADV Part 2, filed with the SEC.
Testimonials of partners/portfolio company executives are provided to demonstrate the benefits of working with the 5C team. They are not provided to solicit investors in a 5C fund. Some partners/executives featured in the testimonials have an interest in a 5C fund; such partner’s/executive’s testimonial is not offered on the basis of being an investor in a 5C fund but rather as a partner/executive who works with the 5C team.
Portfolio investments described in this Site and testimonial videos do not purport to represent all portfolio investments made by 5C. Not all of our portfolio investments had the characteristics, prospects, or projected successes highlighted. Past results are not indicative, nor a guarantee, of future results, which may vary.
DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY 5C, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. 5C FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
5C DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, 5C IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL 5C BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
To the maximum extent not prohibited by applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold 5C, its parents, subsidiaries and other affiliates and each of their
respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Site. 5C reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify 5C for all liabilities, losses, or damages. You agree to provide 5C with whatever cooperation it reasonably requests.
LIMITATION ON TIME TO FILE CLAIMS
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED
MISCELLANEOUS
You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without 5C’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be void ab initio. 5C may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice to you. Nothing in these Terms of Use may be used to construe you and 5C as joint venturers, co-employers, partners, or agents of each other, and neither you nor 5C has the power to obligate or bind the other in any way whatsoever. Should any term or other provision hereof be deemed invalid, void, illegal or unenforceable in any jurisdiction, either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. Upon such determination that any term or other provision is invalid, void, illegal or unenforceable, such term or other provision will be enforced to the maximum extent permitted by applicable law in such jurisdiction. The failure of 5C at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any choice or conflict of law provisions or rules (whether of Delaware or any other jurisdiction) that would cause the applications of the laws of any jurisdiction other than those of Delaware. Any legal proceeding, controversy, claim, action or dispute arising out of, relating to or based upon these Terms of Use against or relating to 5C or any indemnified party under these Terms of Use shall be instituted in the federal courts of the United States of America or the courts of the State of New York, and you irrevocably submit to the exclusive jurisdiction of such courts for the purpose of any such proceeding or dispute. Service of process, summons, notice or other document by mail to your address shall be effective service of process for any proceeding brought in any such court. Additionally, you irrevocably and unconditionally waive any objection to the laying of venue of any proceeding in such courts and you irrevocably waive and agree not to plead or claim in any such court that any such proceeding brought in any such court has been brought in an inconvenient forum. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
The Site identifies a number of benefits inherent in 5C’s services and operations, although 5C is also subject to a number of material risks associated with these benefits, as further identified in each 5C fund’s definitive documents. Although 5C believes that it and its personnel will have competitive advantages in identifying, diligencing, monitoring, consulting, improving and/or ultimately selling investments on behalf of its funds, there can be no guarantee that 5C will be able to maintain such advantages over time, outperform third parties or the financial markets generally, or avoid losses. For additional information regarding risks and potential conflicts of interest regarding an investment in 5C funds, please see the risk factors in such fund’s private placement memorandum.
Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”
If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us through the “Contact” page of this website or at Policies@5cinvest.com.