Terms & Conditions
Last Modified: March 2021
Purpose of the Site; Not Investment Advice; No Recommendations
By using this site, you agree that (i) the information contained herein may not be used, reproduced or distributed to others, in whole or in part, for any other purpose without the prior written consent of 5th Century Partners, (ii) you will keep confidential all information contained herein not already in the public domain and (iii) you will only use the information contained in this site for informational purposes.
Regulatory Disclosures
5th Century Partners does not solicit or make its services available to the public. The information provided on or through the site may include information regarding past and/or present portfolio companies or investments managed by 5th Century Partners and/or its personnel.
The site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of 5th Century Partners. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects, or returns, which should be regarded as illustrative only, or that any profits will be realized. PAST, PROJECTED OR UNDERWRITTEN PERFORMANCE IS NOT INDICATIVE, OR A GUARANTEE, OF FUTURE RESULTS. There can be no assurance that any investment will achieve comparable results to those presented on this site, or that the returns generated by any investments will equal or exceed any past, projected or underwritten returns presented on this site. Any such returns set forth herein are hypothetical, have been prepared and are set out for illustrative purposes only, and do not constitute a forecast.
5th Century Partners is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the site or any portion thereof, regardless of whether 5th Century Partners has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise.
The names and logos of certain companies included in the site are provided for illustrative purposes only. Inclusion of such companies’ names and logos does not imply affiliation with or endorsement by such firms.
Copyrights and Trademarks
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 approval of 5th Century Partners, except as provided herein. The compilation of all content on the site is the exclusive property of 5th Century Partners and is protected by U.S. and international copyright and other laws. All software used on the site is the property of 5th Century Partners or its software suppliers and is protected by U.S. and international copyright and other laws.
Restricted Use of Site Materials
5th Century Partners grants you a limited license to access and use the site for your personal use only. Also 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 approval or limited license granted by 5th Century Partners. 5th Century Partners reserves all other rights.
Material to be Consulted in its Entirety
All materials and information contained in this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
Disclaimer of Warranties
THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER LAW, 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. 5TH CENTURY PARTNERS FURTHER ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTIES THAT FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 5TH CENTURY PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, VIRUSES, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USING THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Privacy Policy
In addition to these Terms and Conditions, your use of and access to the site is also subject to our Privacy Policy (the “Privacy Policy”), which is incorporated by reference herein, as applicable. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE 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 and Conditions or your rights or obligations under it without 5th Century Partners’ prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void. 5th Century Partners may assign these Terms and Conditions or any rights under these Terms and Conditions without your consent and without notice. Nothing in these Terms and Conditions may be used to construe you and 5th Century Partners as joint venturers, co-employers, partners, or agents of each other, and neither you nor 5th Century Partners has the power to obligate or bind the other in any way whatsoever. 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. The failure of 5th Century Partners 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 and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out or relating to these Terms and Conditions against or relating to 5th Century Partners under these Terms and Conditions will be subject to the exclusive jurisdiction of any state or federal court sitting in Delaware and you irrevocably consent to the jurisdiction of such courts. Headings and captions throughout these Terms and Conditions are for convenience only and should not be considered part of these Terms and Conditions. The word “including” means “including without limitation.”
