Cape Capital Partners Website Terms of Use

Welcome to the website of Cape Capital Partners at capecapitalpartners.com (the “Website”). This website is maintained by Cape Capital Group, L.L.C. for and on behalf of itself and its affiliated entities (collectively, “Cape Capital Partners”, “we”, “us” or “our”). By using the Website and any content, materials or information available on or through this Website (collectively, the “Materials”), you agree to be bound by the “Terms Of Use” set forth below. If you do not agree to the Terms of Use you may not access the Website.

General

We may update the content on this Website from time to time, but its content is not necessarily complete, accurate, error-free or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. In addition, you should not interpret this Website or in any Materials as presenting (i) an unbiased or comprehensive description of Cape Capital Partners, its investments or its portfolio companies, (ii) investment or tax advice or (iii) an offer to purchase or sell any security, investment product or investment advice.

THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND ARE NOT SUBJECT TO ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.

Trademarks

“CAPE CAPITAL PARTNERS”, the Cape Capital Partners logo and all related names, logos, product and service names, designs and slogans are trademarks of Cape Capital Group or its affiliates or licensors. All other company names and logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. You must not use any trademarks, trade names or service marks contained on this Website without the prior written permission of their respective owners.

Restrictions on Use

The Website and the Materials are owned by Cape Capital Partners and its licensors. Nothing on this Website grants any license with regard to the design or content of the Website. Cape Capital Partners and its licensors reserves all rights not granted in the Terms of Use. You may use the Website and the Materials only for your own personal information. No other use is permitted without our prior written consent. In particular, you may not reproduce, display, distribute or otherwise misappropriate the Website design or the Materials in any way for any public or commercial purpose.

Legal Identities

As is customary in the venture capital and private equity industries, we may use language on the Website or in the Materials that suggests that “Cape Capital Partners” is a single entity. You are advised that no such single entity exists; rather, Cape Capital Group, L.L.C. and its various affiliated entities each maintain a separate legal existence. In addition, as is customary in the venture capital and private equity industries, we may identify certain individuals as “general partners” on the Website or in the Materials. You should not interpret this to mean that such individuals are actually General Partners of any particular Cape Capital Partners entity or able to bind any particular Cape Capital Partners entity.

Correspondence with Cape Capital Partners; Business Plans; Confidentiality

Absent a written non-disclosure and confidentiality agreement (an “NDA”), Cape Capital Partners accepts no obligations of confidentiality with regard to any materials submitted to it, either through the Website, via email or otherwise (including any unsolicited business plans). Therefore, you are advised that, unless we have signed an NDA, Cape Capital Partners will consider any information that you provide to us to be non-confidential and non-proprietary, and will have no fiduciary or other duties to you with respect to such information.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.

Links from Website

The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Limitation of Liability

To the greatest extent possible under applicable law, NEITHER CAPE CAPITAL PARTNERS, ITS AFFILIATES, NOR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS SHALL HAVE ANY LIABILITY BASED ON YOUR USE OR RELIANCE ON THE WEBSITE OR THE MATERIALS.

General provisions.

If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). By using this Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Cape Capital Partners’s principal place of business is located, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state, county or country of residence or any other relevant state, county or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver of by Cape Capital Partners of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cape Capital Partners to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Notice to California Users

Under California Civil Code Section 1789.3, California users of this Website are entitled to the following specific consumer rights notice. Cape Capital Partners may be contacted regarding complaints or concerns at 539 Bryant St., Suite 400, San Francisco, California, 94107, 415-341-2110. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Effective Date: February 15, 2016