K2 Capital - Terms Of Use

K2 Capital Partners Group, LLC Website Terms of Use

Last updated: April 2026

These Terms of Use, as they may be amended from time to time in our sole discretion (these “Terms of Use”), are entered into between you (the “User” or “you”) and K2 Capital Partners Group, LLC and its Affiliates (the “Company,” “we,” or “us”). Together with our Privacy Policy (located at https://www.k2capital.partners/privacy-policy, the “Privacy Policy”), they govern your access to and use of https://www.k2capital.partners and any content, functionality, and services offered on or through that site (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 other websites, including those linked to or accessible from the Website.

Please read these Terms of Use carefully before using the Website. By accessing or using the Website, you accept and agree to be bound by these Terms of Use and the Privacy Policy, which is incorporated by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

1. Eligibility

The Website is offered and available only to users who are at least 18 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) represent and warrant to the Company that you meet the foregoing eligibility requirement. If you do not meet this requirement, you may not access or use the Website.

2. Changes to the Terms of Use

The Company may revise these Terms of Use from time to time in its sole discretion. Revisions are effective immediately upon posting to this page, and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of any revisions means you accept and agree to those revisions. You are expected to check this page on a regular basis.

3. Website Access

We reserve the right, at any time and from time to time, in our sole discretion and without notice, to withdraw, amend, modify, or restrict access to all or any part of the Website or any of the content, functionality, or services offered on or through it. 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 if the Website is unavailable for any reason or for any period of time.

You are responsible for making all arrangements necessary for you to access the Website, and for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use. To the extent any portion of the Website requires registration, account credentials, or other security information, you are responsible for keeping such credentials confidential and for any activity that occurs under them. You agree to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. We may disable any credentials at any time, in our sole discretion, for any reason.

4. 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 international copyright, trademark, and other intellectual property and 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 content posted on the Website so long as proper attribution to the Company is provided, the content is not altered, and the sharing is for informational purposes only and free of charge;
your computer or device may temporarily store copies of 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 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 expressly 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 the Company. You may not access or use any part of the Website or any content, services, or materials available through the Website for any commercial purpose. 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.

5. Trademarks

The Company name, logo, and all related names, logos, product names, service names, and designs are trademarks of the Company or its Affiliates. 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.

6. Investment Disclosure and Disclaimer

K2 Capital Partners Group, LLC and its Affiliates do not provide investment advice or investment recommendations to prospective, existing, or former investors. All investors have discretion to make their own investment decisions and are encouraged to seek the advice of their financial, legal, and tax advisors when considering an investment. An investor undertakes its own independent investigation and forms its own independent business judgment and investment decision, 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 its Affiliates, for any evaluation or other investment advice in respect of any investment opportunity or the advisability of investing through an SPV.

The information on the Website is provided for general informational purposes only. Nothing on the Website constitutes an offer to sell, or a solicitation of an offer to buy, any security, or personalized investment, legal, accounting, or tax advice. Any offering of securities by K2 Capital Partners or any of its Affiliates is made only to investors who satisfy applicable suitability and eligibility standards, and only by the formal Subscription Documents and Limited Liability Company Agreement of the applicable SPV, which control over any inconsistent statement on the Website. No portion of the Website is intended to constitute general solicitation or general advertising.

Investments in private investment opportunities, including but not limited to private securities and private investment funds, whether held directly or through special purpose vehicles, are speculative, illiquid, involve substantial risk including the risk of total loss, and are suitable only for sophisticated investors able to bear such risk. Past performance is not indicative of future returns. Examples of past investments are purely for illustrative purposes. Forward-looking statements involve risks and uncertainties, and actual results may differ materially.

K2 Capital Adv, LLC is an Exempt Reporting Adviser and files Form ADV with the U.S. Securities and Exchange Commission. It is not registered as an investment adviser.

7. 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 or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including 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 the 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 our 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, 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.

8. Reliance on Information

The information presented on or through the Website is made available solely for general informational 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 your specific circumstances 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 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 or current developments. Any reliance you place on the content and information on 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 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 to buy or sell any securities or other financial instruments.

9. Links from the Website

The Website contains links to other sites and resources provided by third parties, including the websites of underlying portfolio companies, funds, and managers. Such links are provided for your convenience only. 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 those 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 those websites.

10. International Use of the Website

The Company makes no representation or warranty regarding the appropriateness or applicability of the information contained on the Website for use outside of the United States. If you access the Website from outside 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.

11. 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 DUE 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 WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

12. 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, 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.

13. 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.

14. 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 Western 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.

15. 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.

16. Entire Agreement

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

17. Contact

Questions about these Terms of Use can be directed to:

K2 Capital Partners Group, LLC

415 East Prairie Ronde Street, Ste 505

Dowagiac, MI 49047

deals@k2capital.partners