Terms of Use

By using this website and any site associated with or controlled by SDC Capital Partners, LLC or its affiliates (collectively, “SDC”), including but not limited to news, links, press releases, and the investor portal (collectively, “Website”), viewers acknowledge that you have read and agree to be bound by the Terms of Use and Disclaimers set forth below (the “Terms of Use”), which may be modified at any time prior without prior notice. If you do not agree to these Terms of Use, do not use this Website.

Purpose of the Website; Regulatory Disclosures
This Website is for informational purposes only and no statement is to be construed as an offer to sell or a solicitation to buy any security, investment product or service. SDC does not intend for the information on the Website to be investment advice and should not be relied upon to make an investment decision. Investing involves risk, including the potential loss of principal, and past performance may not be indicative of future results.

SDC is a Registered Investment Adviser (“RIA”) with the U.S. Securities and Exchange Commission. The depiction of the activities of SDC is for informational purposes only. This depiction does not purport to be complete and is qualified in its entirety by the more detailed discussion contained in the confidential offering documents. Past performance may not be indicative of future results and there can be no assurance that any views, outlooks, projections or forward-looking statements will come to pass. Investing involves risk, including the potential loss of principal, and the profitability of any particular investment strategy cannot be guaranteed.

For information pertaining to the registration status of SDC, please refer to the Investment Adviser Public Disclosure website, operated by the U.S. Securities and Exchange Commission, at https://adviserinfo.sec.gov/firm/summary/291389, which contains the most recent versions of the Firm’s Form ADV disclosure.

Privacy Policies
In addition to these Terms of Use, your use of and access to the Website is also subject to our Website Privacy Policy and Cookie Policy, available at https://sdccapitalpartners.com/privacy-policy/.

User Accounts
If you choose, or are provided with, a username, password or any other piece of information as part of SDC’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You agree to notify SDC immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

To the extent allowed by applicable law, SDC has the right to disable any user at any time in SDC’s sole discretion for any or no reason, including if, in SDC’s opinion, such user has violated any provision of these Terms of Use.

Ownership
Content and material posted on the Website are the property of SDC and may not be distributed or disseminated without prior written consent. The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution would be contrary to law or regulation or which would subject SDC, its employees, directors, officers or agents to any registration within such jurisdiction or country.

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Website and any and all information and content available through the Website (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to SDC or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether SDC or otherwise), and nothing contained in these Terms of Use or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.

Third-Party Links
From time to time, SDC may provide links from the Website to websites operated by third parties. SDC’s decision to do so is in no way an endorsement of these sites. SDC does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Website. If you have any questions regarding a linked website, please direct them to the administrator of the relevant website. SDC reserves the right to terminate any link at any time.

Disclaimer
The content on the Website is provided “as is” without any express or implied warranties. SDC does not assume any obligation to update the information and data on the Website and does not guarantee that it is accurate, currently, valid, complete or suitable for any purpose. SDC makes no representations concerning the Website, or to any website linked hereto, and disclaims all express, implied and statutory warranties of any kind to the extent allowed by applicable law. In no event will SDC or any of its directors, officers, employees or other representatives be liable or have any responsibility of any kind for any direct, indirectly, special, consequential, multiple, punitive or other damages arising from information on the Website or the use thereof.

Limitation of Liability
SDC DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE WEBSITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, SDC IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE WEBSITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE WEBSITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES WILL SDC BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity
To the extent such indemnity is permitted under applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold SDC, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use or otherwise resulting from your use of the Website. SDC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify SDC for all liabilities, losses or damages. You agree to provide SDC with whatever cooperation it reasonably requests.

Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.

Miscellaneous
You may not assign or otherwise transfer these Terms of Use or your rights or obligations under it without SDC’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. SDC may assign these Terms of Use or any rights under these Terms of Use without your consent and without notice. Nothing in these Terms of Use may be used to construe you and SDC as joint venturers, co-employers, partners or agents of each other, and neither you nor SDC has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of these Terms of Use shall nonetheless remain in full force and effect. The failure of SDC at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. To the extent such restriction is permitted by applicable law, any legal proceeding arising out of or relating to these Terms of Use against or relating to SDC or any indemnified party under these Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in New York, New York and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in these Terms of Use and any agreements included or referred to in these Terms of Use constitute the final, complete and exclusive agreement with respect to the Website and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout these Terms of Use are for convenience only and should not be considered part of these Terms of Use. The word “including” means “including without limitation.”

If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Website, please contact Joshua Kurtz, Chief Financial Officer and Chief Compliance Officer of SDC, at jkurtz@sdccapitalpartners.com, or Vladislava Rebeiz, Partner and General Counsel of SDC, at vrebeiz@sdccapitalpartners.com