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Terms of Use

Drive Capital TERMS AND CONDITIONS OF USE

Welcome to www.drivecapital.com (the “Site”), owned and operated by Drive Capital, LLC (“Drive Capital,” “we,” or “us”). By using this Site, you agree to these terms and conditions of use (the “Terms”); if you do not agree, you may not use the Site. Drive Capital may modify the Site and/or these Terms from time to time without notice to you, except that if Drive Capital makes material changes to these Terms, we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Terms, you agree to be bound by the modified Terms.

Use of the Site

You must be at least 16 years old to use our Site. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Drive Capital’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).

Information Not Confidential; Not an Offer to Invest

If you choose to contact any Drive Capital personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary. Drive Capital undertakes no obligation to review information submitted by you, or to return such information to you. Drive Capital may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to Drive Capital. Nothing you submit to Drive Capital will cause it or its affiliated funds to be limited or restricted from the pursuit of any opportunities, either alone or with third parties.

The Site is intended to provide general information regarding Drive’s strategic and business relationships with its portfolio companies as a reference for portfolio company owners and executives. The Site is not intended for or directed at any investor or prospective investor and does not constitute investment advice or an offer to sell or a solicitation of an offer to buy any securities in connection with any Drive managed investment vehicle. Your use of the Site or communication with any Drive Capital personnel is not an indication that Drive Capital or its affiliated funds will invest in any business you are associated with. You understand Drive Capital is not in any way obligated to invest, offer the opportunity to invest, or to consider an investment or opportunity to invest. Your use of the Site or communication with any Drive Capital personnel is not an indication that Drive Capital or its affiliated funds will invest in any business you are associated with, nor is it an invitation to invest in any Drive Capital entity or affiliated fund, nor is it an offer to provide advisory services. Any such offer or solicitation will be made separately and only by means of confidential offering documents specific to the relevant investment fund or other investment vehicle to investors that, among other requirements, meet certain qualifications under federal securities laws. There can be no assurance that Drive Capital’s investment strategies will be successful or that Drive Capital’s investment objectives will be achieved. Any investment in a fund or other investment vehicle managed by Drive Capital involves a high degree of risk, including the risk of a complete loss of investment.

Any Drive Capital portfolio companies or other investments described or referenced via the Site are not representative of all investments of the funds managed by Drive Capital, and there can be no assurance that the investments described or referenced will be profitable or that future investments will have similar character or results. A list of investments made by funds managed by Drive Capital is available upon request to info@drivecapital.com. Past performance is not necessarily indicative of future results.

Any opinions expressed via the Site reflect the views of the respective authors or sources and are subject to change. Certain information available via the Site has been obtained from third-party sources, including from portfolio companies of investment funds managed by Drive Capital. While taken from sources we believe are reliable, Drive Capital has not independently verified all such information, and Drive Capital makes no representation or warranty about the accuracy of such information or its suitability for any purpose. The opinions expressed via the Site are not intended to constitute investment, accounting, tax or legal advice; nothing in the Site is a recommendation that you purchase, sell or hold any security or other investment or that you pursue any particular investment strategy.

Certain statements made or other information disseminated via the Site by individual Drive Capital personnel or other sources may constitute “forward-looking statements” under the Private Securities Litigation Reform Act of 1995. To the extent any information made available via the Site constitutes a forward-looking statement (which may be identified by use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “upside,” “potential,” “project,” “estimate,” “intend,” “forecast,” “target,” “believe” or similar terminology), please note that actual events, results or performance may differ materially from those reflected or contemplated by such statement. Drive Capital disclaims any obligation to update any forward-looking statement in the event it later turns out to be inaccurate, whether as a result of new information, future events or otherwise. Any projections, estimates, forecasts, targets or opinions expressed via the Site are subject to change without notice and may differ from opinions expressed by others. Any charts included in the Site content are provided solely for general informational purposes and should not be relied upon when making an investment decision.

Drive Capital is a registered investment adviser. Registration as an investment adviser does not imply any special skill or training. Additional important information about Drive Capital, including our Form ADV, is available at the SEC’s website, http://www.adviserinfo.sec.gov.

Drive Capital Proprietary Rights

The Site, including all of its contents (including text, images, audio, video, and the HTML used to generate the pages) (“Content”), are the property of Drive Capital or that of our suppliers or licensors and are protected by trademark, copyright, and/or other intellectual property laws. Drive Capital grants you a limited, personal, non-exclusive, non-transferable, revocable license to access the Site and to use the Content for personal, internal, and non-commercial purposes. In addition, you may share, reproduce, and distribute Content through any medium, provided that you (a) clearly attribute such Content to Drive Capital (e.g., “Source: Drive Capital” or “Courtesy of Drive Capital”), (b) do not modify the Content in any manner that is misleading or misrepresents Drive Capital’s views, and (c) do not use the Content for any unlawful purpose. Members of the press and media are welcome to use and reference Content, including materials available in Drive Capital’s media kit, in connection with coverage of or commentary on Drive Capital, subject to the same attribution requirement. Drive Capital reserves the right to revoke or limit the foregoing permissions at any time, in its sole discretion, upon notice to you. Drive Capital (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.

Without limiting the foregoing, as between you and Drive Capital (or other companies whose marks appear on the Site), Drive Capital (or the respective company) is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site, including, without limitation “Drive” and “Drive Capital” (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Marks except as expressly set forth herein. You may use the Marks solely to the extent necessary to provide attribution in connection with the permitted sharing of Content described above. Any other use or exploitation of the Marks without Drive Capital’s prior written consent is prohibited.

The Site may contain links to third party websites, including social media platforms (“Third Party Sites”). Third Party Sites are not reviewed, controlled or examined by Drive Capital in any way and Drive Capital is not responsible for any content contained therein, including any user-generated content or comments. These links do not imply Drive Capital’s endorsement of or association with any Third Party Site. Drive Capital is not liable, directly or indirectly, to anyone for any loss or damage arising from or in connection with use of the Third Party Sites. Your use of any Third Party Site is subject to the terms and conditions and privacy policies of such Third Party Site.

Disclaimer of Warranties

THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE AND ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND Drive Capital (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO CONTENT CAN OR SHOULD BE CONSTRUED AS PROFESSIONAL ADVICE OF ANY KIND (INCLUDING BUSINESS, INVESTMENT, ACCOUNTING, TAX, AND/OR LEGAL ADVICE).

Limitation of Liability

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Drive Capital, ITS AFFILIATES (INCLUDING AFFILIATED FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “Drive Capital PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY Drive Capital PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY Drive Capital PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.

General Information

These Terms are governed by the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts located in Delaware. The failure of Drive Capital to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without Drive Capital’s express written consent. These Terms inure to the benefit of Drive Capital’s successors, assigns and licensees. These Terms are the entire agreement between you and Drive Capital with respect to the subject matter herein.