Terms and Conditions of Use: The information offered by 402 Capital LLC together with its affiliates (“402”) on this site is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By using the site or by transmitting any information to the site, you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this site. Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the site to review the Terms and Conditions. You may contact 402 by e-mail at inquiries@402capital.com with questions about the Terms and Conditions.
Legal and Privacy Notices: 402 is not currently registered as an investment advisor under the U.S. Investment Advisers Act of 1940, as amended (the “Advisers Act”), or under similar state laws. All information contained herein is for informational purposes and should not be construed as investment advice. This site is intended solely to provide information regarding potential financing capabilities of 402 and its affiliates for prospective portfolio investments. The information provided on this page, including any information regarding 402’s current and historical portfolio investments, is not intended to recommend any investment described herein and is not an offer or sale of any security or investment product or investment advice. 402 provides investment advisory services to privately offered funds. 402 does not solicit or make its services available to the public or other advisory clients for purposes of investment in the funds.
Disclaimers: 402 uses reasonable efforts to help ensure that all material on this site is correct, accuracy cannot be guaranteed and 402 makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Any content contained herein is subject to change without notice. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS TO THE FULL EXTENT PERMITTED BY LAW. 402 further assumes no responsibility for, and makes no warranties that functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. 402 shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. Information provided is as of December 20, 2019 and is subject to change. 402 does not warrant the availability, accuracy, adequacy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the information and material contained on the site and expressly disclaims liability for errors or omissions in the material and information.402 is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the site or any portion thereof, regardless of whether 402 has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.The names and logos of certain companies included in the site are provided for illustrative purposes only. Inclusion of such companies’ names and logos does not imply affiliation with or endorsement by such firms. There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from this site should inform themselves about and observe any restrictions imposed in the jurisdiction in which the site is accessed.
Material to be Consulted in its Entirety: All materials in this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Linking, Posting and Transmitting: Although 402 provides the information accessible on the site for your personal, non-commercial use, 402 retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of 402, you MAY NOT do any of the following: (A) hyperlink to the site, whether to its homepage or to an interior page; (B) include information from the site on another site, on a server computer, or in documents; (C) modify or re-use the information from the site; or (D) transmit any commands, codes or information to the site, with the exception of those commands necessary to view the site. 402 reserves all other rights. Do not transmit to the site or to any 402 personnel, any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications. Do not transmit to the site or to any 402 personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that 402, or other parties involved in creating, producing, or delivering the site, may monitor or review any transmissions to the site or to 402 personnel, 402 and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation. 402 reserves the right to monitor and record activity on the site and respond to such activity as it deems appropriate. By entering the site you acknowledge and agree that any communication or material you transmit to the site or 402, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to 402 may be used by 402, anywhere, anytime and for any reason whatsoever.Although the site may be linked to other sites upon permission, 402 is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the site you acknowledge and agree that 402 has not reviewed all the sites that may be linked to the site and is not responsible for the content of any off-site pages or any other site linked to the site. You further acknowledge and agree that when you follow links to pages not maintained on the site, you do so at your own risk.
Copyright and Trademark Notice: 402 is the copyright owner for everything on the site or has the permission to use the material on the site. No portion of the site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of 402, except as provided herein. The compilation of all content on the site is the exclusive property of 402 and is protected by U.S. and international copyright laws. All software used on the site is the property of 402 or its software suppliers and is protected by U.S. and international copyright laws.By entering the site you acknowledge and agree that each name, logo, trademark, or service mark contained on the site is owned or licensed by 402 and may not be used by you without the prior written approval of 402. 402 will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of 402 or used on the site by 402 with permission. Your use of any such materials is prohibited unless specifically permitted by 402. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.
Restricted Use of Site Materials: 402 grants you a limited license to access and make use of this site. For your personal use only, you may print copies of the information from the site and you may store information from the site on your own computer. You may not modify the site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by 402. 402 reserves all other rights.
Limitations on Liability: You agree to indemnify, defend and hold harmless 402 and its agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from, or relate to, use of this site. Your breach of the Terms and Conditions, your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in the Terms and Conditions. 402’s liability with respect to the site is limited to the maximum extent permitted by law. 402’s liability is limited even if 402 has been advised of the possibility of the damages that you suffer or if any remedy you have fails its essential purpose. Under all circumstances, the maximum liability of 402, its agents and employees to any user of the site with respect to the site is $1. This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You will be responsible for any liability to 402 that arises out of your breach of the Terms and Conditions or your use of the site.
Applicable Law and Jurisdiction: New York law governs the Terms and Conditions. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. All other issues shall be governed by the law of the State of New York, without regard to its choice of law rules. You agree to resolve by arbitration any controversy arising between you and 402, its control persons, predecessors, subsidiaries, affiliates, successors, assignees and employees. With respect to the resolution of any controversy with respect to the Terms and Conditions, you acknowledge that: (A) arbitration is final and binding on the parties; (B) the parties are waiving their right to seek remedies in court, including the right to jury trial; (C) pre-arbitration discovery is generally more limited than and different from court proceedings; (D) the arbitrators’ award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrators is strictly limited; and (E) any arbitration under Terms and Conditions shall be conducted in New York City before a panel of three (3) arbitrators pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, except to the extent that such rules are modified by the Terms and Conditions. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate. No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (A) the class certification is denied; (B) the class is decertified; or (C) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under the Terms and Conditions except to the extent stated herein.
Assignment: 402 may assign the Terms and Conditions in whole or in part at any time without your consent. You may not assign the Terms and Conditions or delegate any of your obligations. Any purported assignment of the Terms and Conditions in violation of its terms is void.
Severability: If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
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