Terms of Use - True Wind True Wind

These (“Terms of Use”) apply to the Internet site for True Wind Capital Management, L.P. and its affiliates (“True Wind”), specifically, www.truewind.com and any and all sites hosted within or associated with this domain (collectively, the “Site”). Please read these Terms of Use carefully before using the Site. These Terms of Use contain legally binding terms and conditions that govern your access to and use of the Site, including all materials, information, and content contained within it (collectively, the “Content”).

All Content available on or through the Site is only as of the date indicated. True Wind is not under any obligation to promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate, regardless of the reason.

By visiting the Site, you accept, and agree to be bound by, these Terms of Use. The Site or these Terms of Use may be updated at any time without notice, and any such updates will be effective immediately upon posting to the Site. Your continued use of the Site after any modifications or updates to these Terms of Use constitutes your acceptance of the modified or updated Terms of Use. If you do not agree to these Terms of Use for any reason, please discontinue accessing and using the Site.

True Wind may terminate or suspend your access to the Site at any time, for any reason or no reason, with or without prior notice.

Please email [email protected] with any questions or comments about these Terms of Use.

Uses of Site and Content

By using this Site, you agree to comply with all applicable laws and regulations, these Terms, and our Privacy Policy located here, with respect to any access, use, and/or submission by you of any personal information in connection with this Site.

You may only copy, download, and print individual pages of our Site for your own personal use; you may not (i) use robots, spiders, scripts, service, software, artificial intelligence (or any derivative thereof) or any manual or automatic device, tool or process designed to data mine or scrape the Site or any materials on the Site, or otherwise access or collect materials, data or information from the Site using automated means; or (ii) cache or archive the Site or any materials on the Site (except for a public search engine’s use of spiders for creating search indices).

You may not attempt to violate the security of this Site or use or gain access to the identities, information, or computers of others, through this Site. You may not use the Site to violate any international law or regulation or any U.S. federal, state or local law or regulation or the intellectual property, privacy, publicity, or contractual rights of others.

Not Advertising or Marketing Material

The Content on the Site is for informational purposes only and is not advertising or marketing material. The Content is not, and should not be construed or interpreted to be, an offer to provide investment advisory services of any kind.

Not an Offer or Advice to Buy or Sell Investments

The Content included on the Site is for informational purposes only. Neither this Site (nor its content) constitute an offer to sell or buy any securities, financial instruments, investments, or other services of True Wind or any other entity (whether affiliated with True Wind or not) and may not be used or relied upon in connection with any offer or sale of securities, financial instruments, investments, or other services. Any and all offers or solicitations of any kind will only be made through private placement memoranda, subscription agreements, and/or other related documents and will be subject to the terms and conditions contained in such documents, including (but not limited to) the qualifications necessary to become an accredited investor in accordance with U.S. securities laws.

This Site does not provide investment advice or any other type of financial, tax, accounting or legal advice. To obtain such advice, you should consult with your own professional legal, accounting, tax and other advisors.

Nothing on the Site should be construed or interpreted to be a recommendation that you buy, sell, hold, or make any other financial or investment decision. Any investments listed on the Site are included as representative investments only, and do not necessarily reflect upon the overall performance of True Wind, any of its affiliates or its portfolio companies. You cannot rely upon this Site and its Content for the purpose of making or communicating investment or other decisions.

Investment Strategies; Past Performance is Not Indicative of Future Results

Any performance-related Content on the Site is exclusively an indication of past performance. True Wind makes no representation that any investment or transaction will result in profits or losses similar to those achieved in the past, or that significant losses will be avoided. There is no guarantee that historical trends will continue into the future or that the strategies and principles of True Wind and its funds will ultimately prove to be correct.

Any investment strategy described on the Site entails various substantial risks, including the potential loss of principal, and there can be no guarantee that the investment objectives of such strategies will be achieved. These risks relate to, among other things: the highly competitive market for investment opportunities; dependence on True Wind’s ability to identify and consummate suitable investments and add value to its portfolio companies; general risks associated with portfolio companies’ businesses; changes in economic or market conditions, legal or regulatory requirements and tax laws; reliance on portfolio company management teams; the risks associated with early-stage growth companies and less established businesses; costs associated with investing; and the ability to recruit and retain talented and well-qualified investment professionals. For the avoidance of doubt, the preceding paragraph merely identifies at a high level some of the risk factors associated with the investment strategies described on this Site and does not, by any means, purport to provide a complete and sufficiently detailed description of the various substantial risks associated with such strategies.

The investments and strategies discussed may not be suitable for all investors and are not obligations of or guaranteed by True Wind or any of its affiliates. Decisions based on the Site are the sole responsibility of the user. You agree that True Wind is not liable for any action you take or decision you make in reliance on any Content. True Wind will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

No Reliance on Forward Looking Statements

The Content on the Site may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the global or national economy, True Wind itself or its investments. Any such statements are not guarantees of future performance and involve risks, uncertainties, and assumptions regarding timing, extent, likelihood, and degree of occurrence, all of which are difficult, if not impossible, to predict. Actual results and outcomes may materially differ from what may be expressed or forecasted in any forward-looking statements. True Wind is not obligated to update, amend, or clarify any forward-looking statements.

Third-Party Websites

The Site may contain links to, or may be linked from, other third-party websites that are not owned or controlled by True Wind. True Wind does not endorse, have any responsibility for, or make any representations or guarantees about any other websites, including but not limited to, any products and services, content, or communications contained on such other websites. True Wind is not responsible for the privacy or security (or lack thereof) on such other websites, so if you access or follow links to other third-party websites, you do so at your own risk. Therefore, you should review the terms of use and all other policies and agreements found on such other websites. By entering third-party websites you acknowledge and agree that True Wind is not responsible for the content of any third-party websites.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRUE WIND DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENTS IS AT YOUR SOLE RISK.

You acknowledge and agree that (i) True Wind does not make and hereby disclaims all express and implied warranties, representations, and endorsements, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and warranties of title and non-infringement, as to the operation of the Site or the Content; (2) the Site may be unavailable, may not function properly or may have or cause technological or security problems, including but not limited to, computer malfunction, performance failure, interruptions and other defects, errors, worms, or viruses, or any unauthorized interception of data or communications.

Limitation of Liability

True Wind and its affiliates and all of their respective managing members, officers, directors, partners, shareholders, employees, affiliates, representatives, licensors, and agents make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and its Content and will not be liable hereunder for any direct or indirect damages or injury, including but not limited to special, incidental, punitive, or consequential damages (whether in an action in contract or tort or under statute), that result from the access to or use of (or the inability to access or use) the Site and its Content, or a website to which the Site links, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, or other computer malfunction, or from any action that you take or decision you make in reliance on any information contained in the Site. IN NO EVENT WILL TRUE WIND’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED FIFTY UNITED STATES DOLLARS (USD $50).

THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES IN THIS SECTION, IN WHICH CASE TRUE WIND’S LIABILITY FOR DAMAGES IN CONNECTION WITH THESE TERMS OF USE IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.

Indemnification

You agree to indemnify and hold harmless True Wind and its affiliates and their respective managing members, officers, directors, partners, shareholders, employees, representatives, and agents from any and all liabilities, damages, losses, claims, expenses, and fees resulting from your access or use of the Site or your breach of these Terms of Use.

International Use

The Site is operated and controlled by True Wind within the United States. Access to the Site or distribution of its Content from countries or territories where such access or distribution is illegal is prohibited. True Wind makes no claims that the Site is appropriate or lawful for use or access outside the United States. You are responsible for complying with all local laws, rules, and regulations.

Intellectual Property

TRUE WIND and the other marks or logos displayed on the Site are trademarks and service marks of, and owned by, True Wind or other parties who may or may not be affiliated with True Wind. You may not use any of those or any other True Wind trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with True Wind’s consent. All trademarks or service marks on the Site that are not owned by True Wind are the property of their respective owners, and you may not use such trademarks or service marks without their permission. All Content included on the Site is owned by True Wind or other parties and is protected by copyright and other intellectual property law.

Governing Law / Venue

Your use of the Site and any disputes relating to the Site or these Terms of Use are governed in all respects by the laws of the State of California without giving effect to any principles or rules of conflicts of laws.

True Wind may elect to resolve any Dispute through binding arbitration and, if it so elects, you and we agree that such Dispute shall be resolved pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The seat of such arbitration shall be San Francisco, California. Any such arbitration will be conducted as an individual arbitration, and you agree that no arbitration shall be brought by you or resolved on a class, mass, or representative basis. You agree that any claim or cause of action arising out of or related to these Terms of Use or your access or use of the Site must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary.

Nothing contained in these Terms of Use shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

Privacy Notices

You may view our privacy notices at the links below:

California Job Applicant Privacy Notice

Miscellaneous

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be a further or continuing waiver of such provision or any other provision in these Terms of Use. The section names in the Terms of Use are for convenience only and have no legal or contractual effect. You may not assign these Terms of Use, or any of your rights or obligations hereunder, without the prior written consent of True Wind. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms of Use at any time without your prior consent. Except as expressly provided elsewhere in the Site, these Terms of Use and any other terms and conditions expressly incorporated by reference into these Terms of Use by True Wind constitute the entire agreement between you and True Wind with respect to your use of the Site. You may wish to refer to True Wind’s Form ADV for additional information.

Last updated: October 10, 2023