TERMS OF USE POLICY

BY ACCESSING THIS WEBSITE (“WEBSITE”) AND ANY MATERIALS OR INFORMATION PRESENTED OR REFERENCED HEREIN, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS WITH RESPECT TO THIS WEBSITE. IF YOU DO NOT AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED OR AUTHORIZED TO USE OR ACCESS THIS WEBSITE.

VERCAP MANAGEMENT LLC (“WE”, “OUR”, “US”, OR “VERCAP”) RESERVES THE RIGHT TO LIMIT OR DENY ACCESS TO THIS WEBSITE TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION AT ANY TIME IN OUR SOLE DISCRETION. IN ADDITION, WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO CHANGE, MODIFY, AND OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE CHECK THIS PAGE REGULARLY TO ENSURE THAT YOU ARE FAMILIAR WITH THE CURRENT VERSION OF THE TERMS AND CONDITIONS OF USE. BY YOUR CONTINUED USE OF THE WEBSITE AFTER PUBLICATION OF ANY REVISED, CHANGED, MODIFIED OR NEW TERMS AND CONDITIONS OF USE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN ANY SUCH MODIFIED, REVISED, CHANGED TERMS OF USE. THESE TERMS OF USE WERE LAST UPDATED AS OF SEPTEMBER 2024.

No Offer or Solicitation

The information presented in this Website is provided for general informational purposes only and this Website does not constitute an offer, solicitation or recommendation to sell or an offer to buy any securities, investment products, assets, or investment advisory services, and may not be relied upon in connection with any offer or sale of securities or other assets. Offers can only be made where lawful under, and in compliance with, applicable laws, rules and regulations. The information in this Website is not intended to provide, and should not be relied upon for, accounting, legal, tax or investment advice or investment recommendations. We are not utilizing this Website to provide investment, legal, accounting, tax or other professional advice, and nothing in this Website is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. Each user is encouraged to consult with its own tax, legal, accounting, financial and/or other advisors regarding the information and matters contained in this Website. Decisions based on information contained on this Website are the sole responsibility of the user.

Ownership of Content

The Website and all text, images, logos, graphics, sounds, software code and other content (the “Content”) on the Website are property of VerCap and/or its affiliates or others and are protected by copyrights, trademarks, and other intellectual property rights owned by VerCap or third-parties that have licensed their materials or provided services to us. VerCap reserves all of its intellectual property rights in the Website and in the Content, and these Terms of Use do not grant you any right or license with respect to any such intellectual property. You agree not to sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of the Content without express written permission from VerCap. You agree not to reverse-engineer, decompile, disassemble or otherwise attempt to extract or discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Notice of Copyright Infringement

The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringes your copyright, please send us a notice containing the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please submit this notice to VerCap at info@vercapmgmt.com.

Trademarks

The logo of VerCap on the Website is a service mark of VerCap. It may not be used or displayed without the prior written consent of VerCap. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

Third-Party Content

Much of the content on the Website is or may be produced by users, publishers, and other third parties and is not controlled by VerCap or any of its affiliates. You acknowledge that such content is the sole responsibility of the third-party person or organization that created it and we assume no responsibility for any third-party content or information. Although VerCap reserves the right to review all content and information that appears on the Website and to remove any content or information at VerCap’s discretion, we do not necessarily review all or any of it. Access and use of third-party content made available through the Website is solely at your own risk and VerCap makes no warranties, express, statutory, or implied, with respect to such third-party content or information. These Terms of Use do not govern your use of any site or service other than the Website. You should review applicable terms and policies of any linked third-party content, information or websites. VerCap is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website. To the maximum extent permitted by applicable law, we will not be liable for any content submitted, posted, linked to, shared or otherwise made available via the Website, including, but not limited to, any inaccuracies, errors or omissions in any content, any intellectual property infringement with relation to the linked content, or any loss or damage of any kind incurred as a result of the use of any content linked in or otherwise made available via the Website.

Forward-Looking Statements and Past Performance

The contents of the Website may contain forward-looking statements or statements of opinion or intention, which can be identified by the use of forward-looking terminology such as “may,” “can,” “will,” “would,” “should,” “seek,” “expect,” “anticipate,” “forecast,” “project,” “estimate,” “potential,” “intend,” “continue,” “target,” “plan” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Such statements, including those relating to current and future market conditions and trends, are not historical facts and are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, VerCap itself or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in, forward-looking statements. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, important factors that, in our view, could cause actual results to differ materially from those discussed in the forward-looking statements include risks relating to our dependence on certain key personnel, our ability to raise new funds and other products, market conditions generally, our ability to manage our growth, investment performance, changes in our regulatory environment and tax status, the variability of our revenues, net income and cash flow, our use of leverage to finance our businesses and investments by our clients and litigation risks, among others.

VerCap undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise. Furthermore, past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. Any views reflected on this Website are subject to change without notice.

Disclaimer of Warranties

THIS WEBSITE AND THE INFORMATION SET FORTH HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR OTHERWISE. CERTAIN OF THE INFORMATION SET FORTH IN THIS WEBSITE IS BASED UPON INFORMATION FROM VARIOUS SOURCES BELIEVED BY VERCAP TO BE RELIABLE. VERCAP HAS NOT INDEPENDENTLY VERIFIED ANY SUCH INFORMATION AND SHALL NOT HAVE ANY LIABILITY ASSOCIATED WITH THE INACCURACY OR INADEQUACY THEREOF. VERCAP EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT), WITH RESPECT TO THE USE OF OR THE RESULT OF THE USE OF (A) THIS WEBSITE OR (B) ANY INFORMATION OR MATERIALS AVAILABLE ON THIS WEBSITE OTHER THAN AS EXPRESSLY SET FORTH IN SUCH INFORMATION OR MATERIALS, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR RELIABILITY OF SUCH INFORMATION OR MATERIALS.

Limitation of Liability

VERCAP AND ITS AFFILIATES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE AND SERVICES OR ANY DELAY IN USING THIS WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS ON LIABILITY APPLY EVEN IF VERCAP OR ANY OF ITS OFFICERS, PRINCIPALS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Please review the Privacy Policy, which is incorporated herein by reference, to learn about the information we collect from you, how we use that information and the measures we take to preserve the privacy and security of your information. By accessing and using this Website, you hereby authorize us to make available any information you provide to us, including personally identifiable information, to the third party that hosts this Website to the extent reasonably necessary to facilitate the use and operation of this Website.

Governing Law

The Privacy Policy and the Terms of Use Policy will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in the State of Delaware and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Miscellaneous

If a portion of these Terms of Use is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions and the remaining provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or unenforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.