April 2022
These Terms of Use (these “Terms of Use”) constitute a legally binding agreement between G Squared Equity Management LP and its affiliates (together, “G Squared,” “our,” “us,” “we” or “company”) and you, the user of https://gsquared.com/ (this “Website”). By accessing this Website you acknowledge that you have read and agree to these Terms of Use. These Terms of Use govern your use of this Website. Please read these Terms of Use carefully. If you do not agree with any of the terms and conditions contained herein, please do not access this Website.
G Squared reserves the right to amend these Terms of Use in its sole discretion. G Squared will post any changes to these Terms of Use on this Website, and changes are effective immediately upon posting. Your continued use of this Website after any such changes constitutes your acceptance of the new terms and conditions. You should consult the “Terms of Use” on this Website each time you visit this Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with G Squared. If you do not meet all of these requirements, you must not access or use this Website.
For Informational Purposes Only; Not Investment Advice; No Recommendations
The information presented on or through this Website is made available solely for informational purposes in relation to G Squared’s business. This Website does not provide specific investing advice or strategies to any individual. The investments and strategies discussed on this Website may not be suitable for all investors and are not obligations of or guaranteed by G Squared or any of its affiliates. Nothing contained on this Website should be relied on in making an investment or other decision. G Squared does not warrant the accuracy, completeness, or usefulness of any information on this Website. Any reliance you place on such information is strictly at your own risk.
This Website is not intended to provide legal, business, tax, accounting, investment, or other advice. You agree not to construe any of the content provided in connection with this Website as legal, business, tax, accounting, investment, or other advice. You agree that the content provided in connection with this Website does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the content constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all content provided in connection with this Website is published without consideration of your individual circumstances, financial, or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including, the evaluation of any investment or other risks, with respect to any of the content provided in connection with this Website. You agree to consult your own professional advisors as to any legal, business, tax, accounting, financial, or other advice regarding any content provided in connection with this Website.
Regulatory Disclosures
G Squared does not solicit or make its services available to the public. The content provided on or through this Website includes information regarding past and present portfolio companies of private funds managed by G Squared and/or its predecessor management company affiliates. 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. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments portrayed on this Website. Further, references to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. Current and previous portfolio companies set forth on this Website’s full list of G Squared investments are not to be considered an exhaustive list of all investments historically made by the private funds and investment vehicles managed by G Squared and/or its predecessor management company affiliates. The portfolio companies listed should not be assumed to have been profitable.
Certain information contained on this Website constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of G Squared as of the date such statements were made. None of G Squared or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on this Website to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these 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. Any transactions described on this Website as having been engaged in by G Squared are included as representative transactions for illustrative purposes only and are not be representative of all transactions engaged in by G Squared.
G Squared is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level or skill or training.
Privacy Policies
In addition to these Terms of Use, your use of and access to this Website is also subject to our Website 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.
User Accounts
If you choose, or are provided with, a username, password or any other piece of information as part of G Squared’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 this Website or portions of it using your username, password or other security information. You agree to notify G Squared 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.
G Squared has the right to disable any user at any time in G Squared’s sole discretion for any or no reason, including if, in G Squared’s opinion, you have violated any provision of these Terms of Use.
Ownership
All content included on this Website, such as descriptions, pictures, documents, graphics, logos, articles and other material, is the property of G Squared or others and is protected by copyright and/or other laws. The inclusion of content on this Website does not grant, by implication, estoppel or otherwise, any license or right to use any of such content without the prior written permission of G Squared or other owner of the content. All trademarks and logos displayed on this Website are the property of their respective owners, who may or may not be affiliated with G Squared. Any unauthorized use thereof may violate copyright laws, trademark laws, the laws of privacy and publicity and other applicable regulations and statutes.
Third-Party Links
G Squared generally provides links from this Website to select websites operated by third parties. G Squared’s decision to do so is in no way an endorsement of these sites. G Squared 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 this Website. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. G Squared reserves the right to terminate any link at any time.
Risks you Assume by Using this Website
Although we intend to provide accurate and up-to-date information on this website, at times there may be errors in the information provided. We may not be able promptly to update or correct information even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Therefore, this Website is provided on an “as is” basis with no warranties of any kind. We do not warrant that the information on this Website is accurate, reliable, up-to-date or correct, that this Website will be available at any particular time or location, or that this Website is free of viruses or other harmful components. Your use of this Website and use or reliance upon any of its content is solely at your own risk.
We cannot guarantee the security of this Website. Electronic communications can be intercepted by third parties and, accordingly, transmissions made to or from links in this Website may not be secure. Communications to G Squared from links in this Website, including any communications containing investment ideas, concepts, know-how, or techniques which may be considered confidential or proprietary by the sender, will not be treated as confidential or proprietary by G Squared. Anything transmitted by you to G Squared through this Website becomes the property of G Squared and may be used by us for any lawful purpose. Persons wishing to protect such information should contact us in advance to enter into an appropriate, mutually agreed-upon written confidentiality or other agreement. G Squared retains the right at all times, on behalf of itself or any private fund or investment vehicle it manages now or in the future, to invest in any business, including any business that competes or may in the future compete with any party submitting information through this Website.
All users should be aware that parties unrelated to G Squared may seek to direct users to websites that falsely appear to be G Squared websites or may establish websites using the name “G Squared” or variants thereof, in each case, for malicious, fraudulent or other unlawful purposes. We never grant permission to any party to use the name “G Squared” or any variant thereof in the name or other identification of a website and we disclaim any responsibility for any such websites. Users are responsible for determining the validity and safety of any website that by its name or otherwise purports or appears to be controlled by or affiliated with G Squared.
Submission of Information
The submission of business ideas or the disclosure of business plans to G Squared creates no obligation of any kind on our part with respect to such ideas or plans unless there is a written agreement between us and the submitting party. G Squared retains the right at all times, on behalf of itself or any private fund or investment vehicle it manages now or in the future, to invest in any business, including any business that competes or may in the future compete with the submitting party.
G Squared Equity Management LP does not provide investment services of any kind to the public. No investment advice or investment securities or other investment opportunities of any kind are intended to be offered on this Website. Investments in private funds or investment vehicles managed by G Squared Equity Management LP are offered only privately and generally through a written offering memorandum.
The information presented on this Website is as of the date the particular information was posted on the site and may not reflect subsequent developments. Information provided through links provided on this Website is not the responsibility of G Squared or of the private funds and investment vehicles we manage.
Disclaimer of Warranties
THIS WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY G SQUARED, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS WEBSITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. G SQUARED FURTHER DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS WEBSITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
Limitation of Liability
G SQUARED DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THIS WEBSITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, G SQUARED IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THIS WEBSITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THIS WEBSITE OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL G SQUARED 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
YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR, AND THAT YOU WILL DEFEND, INDEMNIFY AND HOLD G SQUARED, ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATES AND EACH OF THEIR RESPECTIVE PARTNERS, MEMBERS, 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 THIS WEBSITE. G SQUARED 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 G SQUARED FOR ALL LIABILITIES, LOSSES, OR DAMAGES. YOU AGREE TO PROVIDE G SQUARED WITH WHATEVER COOPERATION IT REASONABLY REQUESTS.
Miscellaneous
YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER THESE TERMS OF USE OR YOUR RIGHTS OR OBLIGATIONS UNDER IT WITHOUT G SQUARED’S PRIOR WRITTEN CONSENT, AND ANY ATTEMPTED ASSIGNMENT OR OTHER TRANSFER IN VIOLATION OF THIS PROVISION SHALL BE NULL AND VOID. G SQUARED MAY ASSIGN THESE TERMS OF USE OR ANY RIGHTS UNDER THESE TERMS OF USE WITHOUT YOUR CONTENT AND WITHOUT NOTICE. NOTHING IN THESE TERMS OF USE MAY BE USED TO CONSTRUE YOU AND G SQUARED AS JOINT VENTURERS, CO-EMPLOYERS, PARTNERS, OR AGENTS OF EACH OTHER, AND NEITHER YOU NOR G SQUARED 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 G SQUARED 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. ANY LEGAL PROCEEDING ARISING OUT OR RELATING TO THESE TERMS OF USE AGAINST OR RELATING TO G SQUARED OR ANY INDEMNIFIED PARTY UNDER THESE TERMS OF USE WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN CHICAGO, ILLINOIS 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 THIS 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 this Website, please contact us at [email protected].