Last updated: 03.15.2023
THE SECTION BELOW TITLED “GOVERNING LAW AND DISPUTE RESOLUTION” REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION UNDER CALIFORNIA LAW. THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A BINDING CLASS ACTION WAIVER. PLEASE READ BOTH SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.
III. Uses of Our Site and Content
AC grants you a personal, limited, revocable, non-exclusive, nontransferable right to use the Site, which includes any images, text, illustrations, designs, icons, photographs, graphics, video clips, downloads, systems and methods, interfaces, information, data, tools, products, services, and other content (collectively, the “Content”), solely for your personal and noncommercial use only.
You agree that any unauthorized use of the Site or the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
IV. Restrictions on Use
You agree not to (1) make any commercial use of the Site or the Content; (2) make more than minimal copies of the Site or Content, including, by way of example and not limitation, using bots, robots or spiders that “harvest” the Site; (3) interfere with the functioning of the Site or restrict or inhibit others from using the Site; (4) decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site; (5) modify or alter the Content, post or “frame” it on or in another website, or remove or obscure copyright or other notices or legends therefrom (or (6) access data not intended for you or log into a server or account for which you are not authorized to access. You agree that all trademarks, service marks, logos and other indicia of source displayed on the Site (“Trademarks”) are the property of their respective owners, who may or may not be affiliated with our organization. You agree not to use any such Trademarks without prior written consent of their respective owners.
You agree that when using this Site, you will not violate or facilitate any violation of any applicable local, state, federal or international law, rule or regulation, including, without limitation, regulations or rules of any securities exchange. Fraudulent conduct may be reported to law enforcement, and AC will cooperate to ensure that violators are prosecuted to the fullest extent of the law. AC does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than those set forth above, and you shall not make any other use of such material without AC’s written permission.
V. No Offer or Advice
You acknowledge that the Content (1) is provided for general, informational purposes only; (2) does not constitute an offer to issue or sell, or a solicitation of an offer to subscribe, buy, or acquire an interest in, any securities, financial instruments, investments or other services, including any fund advised by AC (a “Fund”), nor does it constitute a financial promotion, investment advice or an inducement or incitement to participate in any product, offering or investment; (3) does not constitute an offer of AC’s investment advisory services; and (4) may not be used or relied upon in connection with any offer or sale of any such securities, financial instruments, investments or other services. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity, and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. Dated Content speaks only as of the date indicated. While we make reasonable efforts to provide accurate information, we undertake no obligation to update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate, whether as a result of new information, future developments or otherwise. We do not warrant the completeness, timeliness or accuracy of the Content.
AC is not utilizing the Site to provide investment or other advice or strategies, and nothing on the Site 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. The investments and strategies discussed hereon may not be suitable for all investors, and are not obligations of or guaranteed by AC. Any offer to purchase or buy securities or other financial instruments of a Fund will only be made by a Fund’s Confidential Private Placement Memorandum (a “Memorandum”) and such Fund’s subscription documents, which will be furnished to qualified investors on a confidential basis at their request for their consideration in connection with any such offering. Any investment decision in connection with a Fund should be based on the information contained in a Memorandum and the information set forth herein is superseded in its entirety by, and is subject to, the information contained in a Memorandum. No securities commission or regulatory authority in the United States or in any other country has in any way passed upon the merits of an investment in any Fund or the accuracy or adequacy of the information or material contained herein or otherwise. This information is not, and under no circumstances is to be construed as, a prospectus, a public offering, or an offering memorandum as defined under applicable securities legislation. This Site is provided for informational purposes only, does not purport to be complete and may not contain certain material information (including, without limitation, terms, conditions and important disclosures and risk factors associated with an investment in a Fund). Nothing contained on the Site constitutes investment, accounting, tax or legal advice. If you would like such advice, you should consult with your own advisors with respect to your individual circumstances and needs. Decisions based on use of the Site are the sole responsibility of the user, and you agree that you shall not make any investment decisions based on the Site, and that AC is not liable for any action you take or decision you make in reliance based on the Site.
AC provides investment advice and solicits investment advisory services only in those states and countries where it is registered or where it is exempt from such registration.
VI. Past Performance
Any performance data or comments expressed on this Site or in the Content are an indication of past performance. Investments described or referred to on the Site are included solely as examples of AC investments and are for illustrative purposes only. AC does not make any assurances that such investments are or will be profitable (or that any AC investments will have similar properties to any such investments made at other firms). Such investments are not representative of all AC investments and are not to be considered a complete list of all investments made by AC. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, and no representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
VII. Forward-Looking Statements
The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties, speak only as of the date on which they are made and are subject to change. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
VIII. Third Party Content
IX. International Use
This Site is operated and controlled by AC in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States and is intended for use within the United States only. We make no claims, representations or warranties that the Content or the Site, or that the transactions, products or services discussed on or accessible through the Site, are available or appropriate for sale or use outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ACCESS TO THE SITE, AND ALL RELATED CONTENT, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE OR THAT ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. AC DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. AC DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR RELIANCE UPON ANY OF THE MATERIALS ON THE SITE IS AT YOUR SOLE RISK.
XI. Limitations of Liability
AC DISCLAIMS RESPONSIBILITY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, THAT RESULT FROM YOUR USE OF (OR INABILITY TO USE) THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION.
XII. Governing Law
You agree that your use of this site and any disputes relating to any of them shall be governed in all respects by the laws of the State of California, without giving effect to its conflict of laws principles.
XIII. Class Action Waiver
To the extent not otherwise prohibited by law, you agree that any claim you assert against AC in an arbitration can be made only in an individual capacity and not as a class representative or class member in any putative class action, representative action, or class-wide arbitration.
XIV. Dispute Resolution and Arbitration Agreement
XVI. Entire Agreement
AC may assign its rights, in whole or in part, in the Site and Content in accordance with its sole discretion.
XVIII. No Agency
XIX. No Waiver
AC Management Company, LLC
1331 NW Lovejoy Street
Portland, OR 97209