K2 Capital Partners Group, LLC Website Terms of Use

These terms of use, as they may be amended, supplemented or otherwise modified from time to time in our sole discretion (collectively, these “Terms of Use”), are entered into by and between you (the “User” or “you”) and K2 Capital Partners Group, LLC or its Affiliates (the “Company”, “we” or “us”) and, along with our privacy policy (located at https://www.k2capital.partners/privacy-policy, the “Privacy Policy”), govern the use of https://www.k2capital.partners, together with any content, functionality and services offered on or through https://www.k2capital.partners (collectively, but excluding the Privacy Policy and these Terms of Use, the “Website”). These Terms of Use and the Privacy Policy do not apply to any other websites, including those linked to or accessible from the Website.

Please read these Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to these Terms of Use if this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy, which is incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Eligibility Requirements

The Website is offered and available only to users who are at least 13 years of age and have accepted and agreed to these Terms of Use and the Privacy Policy. By accessing and using the Website, you (i) are deemed to have accepted and agreed to these Terms of Use and the Privacy Policy; and (ii) hereby represent and warrant to the Company that you meet all of the foregoing eligibility requirements. If you do not meet the foregoing eligibility requirements, you may not access or use the Website.

Changes to the Terms of Use

The Company may revise and/or update these Terms of Use from time to time in its sole and absolute discretion. In the event we revise and/or update these Terms of Use, we will notify users of the Website through a notification on this Terms of Use page; provided, however, that any such revisions and/or updates shall be effective immediately when we post them, and shall apply to any and all access and/or use of the Website thereafter. The continued use of the Website following the posting of any revisions and/or updates to these Terms of Use means that you accept and agree to the revisions and/or updates. You are expected to check this Terms of Use page on a regular basis for any changes, as your use of the Website will be governed by the Terms of Use in effect at the time of such use.

Website Access and Account Security

We reserve the right, at any time and from time to time, in our sole and absolute discretion and without notice, to withdraw, amend, modify, alter, change, enhance, revise, update and/or restrict any user’s access to all or any part of the Website and/or any of the content, functionality and/or services of any kind offered on or through the Website. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. We will not be liable to you or any other person in the event that you are unable to access the Website for any reason, regardless of the reason for or duration of your lack of access.

You are responsible for (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that everyone who accesses the Website through your internet connection are aware of and comply with these Terms of Use. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information, and it is a condition of your use of the Website that all information you provide is correct and complete at the time it is provided. You acknowledge and agree that any information provided in connection with your use of the Website will be subject to and treated in accordance with our Privacy Policy and you consent to all actions we take with respect to such information that are consistent with our Privacy Policy.

Any information that you select or are provided with as part of the Website’s security procedures, including, without limitation, a username or password, must be kept confidential and not disclosed to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or any protected portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property

The Website and its entire contents, features and functionality (including all software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and/or international copyright, trademark and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website only for personal, non-commercial purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any of the materials on the Website, except as follows:

  • You may share the free content posted on the Website so long as proper attribution is made, the content is not altered and such sharing is done for informational purposes only and free of charge;

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

  • You may store files that are automatically cached by your Web browser for display enhancement purposes; and

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

  • Modify copies of any materials from the Website; or

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

Except as otherwise set forth in these Terms of Use, no right, title or interest in or to the Website or any content on the Website (or any intellectual property rights therein) is transferred to you, and all rights not expressly granted are reserved by Permanent Equity. You may not access or use for any commercial purposes any part of the Website or any content, services or materials available through the Website. 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.

Trademarks

The Company name and logo, and all related names, logos, product names, services names and designs are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product names, service names, designs and slogans on the Website are trademarks of their respective owners.

Investment Disclaimer and Disclosure

K2 Capital Partners Group, LLC and its Affiliates do not provide any investment advise or investment recommendation to prospective, existing, or former investors. All investors have discretion to make each investment, make their own investment decisions, and are encouraged to seek the advice from their financial advisor when considering an investment. Further, an investor undertakes its own independent investigation, and forms its own independent business judgment, based on its own conclusions, as to the merits of each investment opportunity. Investors do not rely on K2 Capital Partners Group, LLC, or any of their Affiliates, for any evaluation or other investment advice in respect of the investment opportunity or the advisability of investing through an SPV.

This information does not constitute advice of any kind or investment recommendations, nor does it constitute an offer to buy or sell or a solicitation of an offer to buy or sell shares or units in any of the investment funds or other financial instruments described herein. In addition, the information provided does not contain any offer, recommendation, or incitement to conclude any contracts for financial services or to conclude any other kind of contract. In particular, this information should not be used as a substitute for suitable investment and product-related advice.

Past performance is not indicative of future returns. Examples of past investments are purely for illustrative purposes.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, you agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation;

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;

  • To impersonate, attempt to impersonate or harass the Company, a Company employee or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Link to our Website in a way that (i) is illegal; (ii) damages or takes advantage of our reputation; or (iii) suggests any form of association, approval or endorsement on our part without our express written consent;

  • Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website;

  • Use 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;

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without prior written consent;

  • Use any device, software or routine that interferes with the proper working of the Website;

  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, or interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Found on the Website

The information presented on or through the Website is made available solely for general information purposes. No information on the Website should be taken as legal, tax, accounting, financial or investment advice of any kind, and you should consult with your own advisors who understand the specific circumstances of your business before applying any information from the Website. No recipient of content from the Website should act or refrain from acting on the basis of any content included on the Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue. The content on the Website contains general information and may not reflect the most recent and/or current developments. Any reliance you place on the content and information the Website is strictly at your own risk, and the Company expressly disclaims all liability in respect of actions taken or not taken based on any or all of such content and/or information.

We disclaim all liability arising from any reliance placed on Website materials by you or any other person or entity. All opinions expressed on the Website or in materials linked to the Website are the opinions of the individuals expressing such opinions and are not necessarily the opinions of the Company or any of its affiliates, representatives or agents.

Nothing contained on the Website constitutes a solicitation, recommendation, endorsement or other offer by the Company, any of its affiliates or any third party service provider to provide investment advisory services of any kind, or buy or sell any securities or other financial instruments, whether such solicitation or offer would be unlawful or otherwise.

Links from the Website

The Website contains links to other sites and resources provided by third parties (including, without limitation, links contained in advertisements, including banner advertisements and sponsored links), and such links are provided for your convenience only; provided, however, the fact that we have included such links does not constitute an endorsement by the Company. We (i) have no control over the contents of those third-party sites or resources; (ii) make no representations regarding the quality, suitability, accuracy or safety of such third-party sites or resources; and (iii) are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, or any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

International Use of the Website

The Company makes no warranties regarding the appropriateness or applicability of the information contained on the Website for use by those outside of the United States. If you access the Website from outside of the United States you do so at your own risk and you are solely responsible for compliance with all local laws and regulations in connection with your use of the Website.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or 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 site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, 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 SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS 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 OUR SITE 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.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, managers, members, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.

Governing Law and Jurisdiction

All matters relating to the Website, the Privacy Policy and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), 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 provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, the Website, the Privacy Policy or these Terms of Use shall be instituted exclusively in the United States District Court for the Fifth District of Michigan or the courts of the State of Michigan located in the Counties of Berrien or Cass, and you irrevocably submit to the exclusive jurisdiction of such courts in any such legal suit, action or proceeding.

Waiver and Severability

No waiver by the Company of any term or condition set out 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or modified to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Permanent Equity regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website.