Terms of Use and Important Disclosures
Visitors to the Rotunda Capital Partners, LLC website are asked to read the following:
TERMS AND CONDITIONS
The information offered by Rotunda Capital Partners, LLC (“Rotunda”) on its website (the “Site”) is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.
COPYRIGHTS AND TRADEMARKS
The content on the Site, including the compilation of such content, and the software used on the Site, is the exclusive property of Rotunda or others and is protected by U.S. and international copyright laws. No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of Rotunda, except as provided herein under “Restricted Use of Site Materials” below. Rotunda will aggressively enforce its intellectual property rights to the full extent of the law. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.
RESTRICTED USE OF SITES MATERIALS
Rotunda grants you a limited license to access and make use of the Site. For your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by Rotunda. Rotunda reserves all other rights.
LINKING, POSTING AND TRANSMITTING
Although Rotunda provides the information accessible on the Site for your personal, non-commercial use, Rotunda retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of Rotunda or as set forth under “Restricted Use of Site Materials” above, you MAY NOT do any of the following: (A) hyperlink to the Site, whether to its homepage or to an interior page; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Rotunda reserves all other rights.
Although Rotunda, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Rotunda personnel, Rotunda and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
Although the Site may be linked to other sites upon express written permission from Rotunda, Rotunda is not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, you acknowledge and agree that Rotunda has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. Such third party may have a privacy policy different from that of Rotunda, and the third-party website may provide less security than the Rotunda Site. You acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.
DISCLAIMERS
While Rotunda makes all reasonable efforts to help ensure that material on the Site is correct, accuracy cannot be guaranteed and Rotunda makes no warranties or representations that the Site is accurate, reliable or up-to-date, that the Site will be available at any particular time or location, or that the Site is free from viruses or other harmful components. The Site, and all information and materials contained herein, are provided to you “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement to the full extent permitted by law.
INTERNATIONAL USE
The Site is operated and controlled by Rotunda in the United States. Due to the global nature of the internet, the Site may be accessed by users in countries other than the United States. Rotunda makes no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside of the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
LIMITATIONS ON LIABILITY
By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site, even if Rotunda has been advised of the possibility of such damages.
APPLICABLE LAW AND JURISDICTION
By visiting the Site, you agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Rotunda. You hereby consent to the jurisdiction of the federal and state courts in Maryland for the purpose of resolving any dispute in connection with your visit to the Site. Rotunda may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and you consent to exclusive jurisdiction and venue in such court.
SEVERABILITY
If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.
REGULATORY
Rotunda Capital Partners, LLC is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”). Registration as an investment adviser does not imply a certain level of skill or training. Further information about Rotunda is also available on the SEC’s website at www.adviserinfo.sec.gov.
NOT AN OFFER TO SELL
All information contained on the Site has been prepared by Rotunda for informational purposes only, without regard to any particular user’s investment objectives or financial condition, and Rotunda is not soliciting any action based upon it. Nothing on the Site is to be construed as advice designed to meet the particular investment needs of any investor, nor as a recommendation for any investment. The information provided herein is not to be construed as an offer or the solicitation of an offer to purchase or sell securities or invest in any security, including the private equity funds advised, sponsored, or raised by Rotunda (“the Rotunda Funds”). The information on the Site is not to be used for any purpose other than information and does not purport to be a description of the terms or risks of an investment in any security, including those issued by one or more of the Rotunda Funds. Rotunda provides investment advisory services only to the privately offered Rotunda Funds. Rotunda does not solicit or make its services available to the public or other advisory clients. Any offer or solicitation with respect to the Rotunda Funds, if made, will be made only through a confidential offering memorandum (the “Memorandum”) and limited partnership or similar agreement and subscription agreement in respect of such Rotunda Fund and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. These documents will contain information to help investors evaluate the Funds’ investment objectives, risks, charges, and expenses, among other factors, before considering an investment. With respect to any investment decision, you are advised to consult with your broker, investment adviser, or other appropriate tax or financial professional to determine the suitability of any investment in the Rotunda Funds.
RELIANCE
Nothing contained on the Site constitutes legal, tax, investment, or other advice. You may want to consult your business advisor, attorney and tax accounting advisors concerning any contemplated transactions.
No securities commission or similar regulatory authority in the U.S. or any other jurisdiction has reviewed, recommended or in any way passed upon these materials or the merits of an investment in the Rotunda Funds, and any representation to the contrary is an offense.
PROJECTIONS MAY NOT MATERIALIZE
The Site may contain forward-looking statements that involve risks and uncertainties. Actual results may differ materially from expectations discussed in such forward-looking statements. Rotunda does not assume any obligation to correct or update the historical, forward-looking, or other information contained herein.
PORTFOLIO COMPANY CASE STUDIES
The Site may contain information about a selection of Rotunda portfolio companies, including case studies related thereto. These case studies are presented for illustrative purposes only and does not constitute investment advice or an offer to provide advisory services. Case studies were selected for inclusion on the basis of being representative of typical Rotunda investments. It should not be assumed that their performance is necessarily representative of Rotunda’s overall performance; that Rotunda will be able to effect similar changes or improvements in the strategies, business or operations of any future investments; or that decisions Rotunda will make in the future will be comparable. Improved portfolio company results are due to many factors in addition to Rotunda’s asset management approach, including the skills and capabilities of portfolio company management, contributions by consortium partners, industry trends and conditions and general economic and financial conditions. Actual results may differ materially, positively, or negatively, from those reflected. The testimonials included herein were provided by portfolio company executives and reflect their personal views and experience. No direct or indirect compensation was provided in connection with these testimonials, and no material conflicts of interest are known. Statements may not be representative of the experience of all portfolio companies, and there is no guarantee that any future portfolio company will achieve similar results. Past performance is not indicative of future results.
STATEMENTS OF PORTFOLIO COMPANY EXECUTIVES AND STRATEGY EXECUTION OFFICERS (SXO)
Set forth on this Site are statements of certain officers of select portfolio companies with whom we have or are currently partnered. The portfolio company officers were not selected on the basis of performance criteria, and this is not a complete list of all officers associated with the portfolio companies with whom we have or are currently partnered. Other portfolio company officers may not have the same experience as those individuals identified or quoted on this Site, and there is no guarantee that any portfolio company will achieve or realize the same results or experience as those discussed on this Site. This Site is intended solely to provide information regarding our potential capabilities for prospective portfolio companies and is not an offer to sell to or buy from any person, or a solicitation from any person of an offer to buy or to sell, any securities. The statements contained herein are not statements of any client fund or investor and do not describe any experience with, testament to, or endorsement of Rotunda Capital Partners as an investment adviser by any such client or investor. Portfolio company executives may hold equity interests in their respective portfolio companies and/or receive compensation that is tied to the performance of the company and/or a Rotunda Fund, which could incentivize them to provide favorable statements. No direct cash compensation was paid specifically for the creation of these portfolio company executive statements.