Thank you for visiting the website (the "Website") of GrowthCurve Capital LP and its affiliates (together, "GCC", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website (including, but not limited to, any content, functionality and services offered on or through the Website).

Please read these Terms of Use carefully before you start to use the Website. By accessing or using the Website, you accept and unconditionally agree to be bound and abide by these Terms of Use and our Privacy Policy (incorporated herein by reference). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

We may revise, update, suspend, remove and/or otherwise change all or any portion of these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them here, and apply to all access to and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. For this reason, we encourage you to review the Terms of Use whenever you visit the Website so you are aware of any changes, as they are binding on you. If you do not want to agree to any revised Terms of Use, you should not access or use the Website.

1. Uses of Our Website and Content

Unless otherwise noted, the Website, all material, content and information on the Website (including, but not limited to, text, images, illustrations, designs, icons, photographs, video clips and other materials, collectively, the "Content"), and all trademarks, trade dress, logos, copyrights and other intellectual property in such Content or otherwise displayed on the Website, are owned, controlled or licensed by GCC or its affiliates. The Website and the Content are intended solely for personal, noncommercial use. GCC grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print the Content or pages from the Website, in each case solely for your lawful, personal, noncommercial use in accordance with these Terms of Use. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.

You expressly agree not to:

reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Website (in each case unless you receive our permission in advance);

use any trademark, trade name, trade dress, service mark or logo of GCC or any third party that appears on the Website or in any of the Content without the prior written consent of GCC or the applicable rightsholder;

imply or suggest that GCC has endorsed or is affiliated with any other websites external to the Website, or display the Website as "framed" within another website;

use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other person's use of the Website, including, but not limited to, their ability to engage in real time activities through the Website (if applicable);

use any robot, spider or other automatic device, process or means to access the Website for any purpose, including, but not limited to, monitoring or copying any Content;

use any manual process to monitor or copy any Content or for any other purpose in relation to the Website or any Content (in each case except as expressly permitted by these Terms of Use or unless you receive our permission in advance);

remove, alter or obscure any copyright or other notices or legends contained in any Content downloaded from the Website, or alter or modify any Content;

delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website;

use any device, software or routine that interferes with the proper working of the Website;

introduce any viruses, trojan horses, worms, time bombs, logic bombs or other material which is malicious or technologically harmful;

attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;

attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

use the Website, or encourage or assist others to use the Website, to violate any law, regulation, rule or the intellectual property or contractual rights of others, to attempt to violate the security of the Website, or to gain access to the identities, information or computers of others through the Website; or

otherwise attempt to interfere with the proper working of the Website.

GCC has the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. and we may at any time revoke your right to use all or any portion of the Website. GCC may investigate any complaint regarding, or suspected violation of, these Terms of Use, and may report any activity relating to the Website to regulators, law enforcement officials or other persons or entities that it deems appropriate.

2. International Use

The Website is operated and controlled by us in the United States, and the Content provided in or accessible through the Website is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, GCC makes no claims that the Content or the Website are appropriate or may be viewed or used outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. GCC makes no representations that the transactions, products or services discussed on or accessible through the Website are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

3. Linked Websites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. GCC does not review or monitor any websites linked from or to the Website, and has no control over, and is not responsible for, the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. GCC expressly disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Website and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

4. Transmission to and from the Website

Any communication or content that you send to the Website is and will be deemed to be non-confidential as between you and us, and GCC will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

5. Accessing the Website; Account Security

Accessing certain areas or features of the Website may, or may in the future, require you to register or may otherwise ask for your information. You may choose not to provide such information, but your ability to access certain areas or features of the Website may be limited. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

In addition, certain areas of the Website may be, or may in the future be, password-protected. You may not attempt to access any password-protected areas of the Website without authorization. If you have been issued a password for the Website, you agree that GCC has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that GCC provides to Website users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names and/or security questions and answers relating to any personal account you create on the Website (your "Account"), for logging off your Account and any protected areas of the Website when you finish a session, and for restricting access to your computers and devices. Accordingly, you should protect the confidentiality of your Account, and you agree to notify GCC immediately if you become aware of any unauthorized access to, or use of, your user name, password or Account. If you share your user name or password with a third party, you assume all responsibility for all such party's activity related to the Website, and you agree to accept sole responsibility for any and all activity that occurs under your Account.

We have the right to disable any Account, user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, with or without notice, for any or no reason, including (but not limited to) if, in our opinion, you have violated any provision of these Terms of Use.

6. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GCC, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY "RELATED PERSONS") MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GCC, NOR ANY OF ITS AFFILIATES, NOR ANY RELATED PERSON REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GCC, ITS AFFILIATES AND THE RELATED PERSONS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Limitation of Liability

IN NO EVENT SHALL GCC, ITS AFFILIATES OR ANY RELATED PERSON BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ("DAMAGES") ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION, OR ANY CONTENT OBTAINED THROUGH USE OF THE WEBSITE. THIS IS TRUE EVEN IF GCC, ANY OF ITS AFFILIATES, OR ANY RELATED PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

8. Indemnification

You agree to defend, indemnify and hold harmless GCC, its affiliates, and its and their respective Related Persons, licensors, service providers, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, but not limited to, reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your user registration and submissions, or your use of the Content, services or products obtained from or through the Website (other than as expressly authorized in these Terms of Use).

9. Governing Law and Forum

All matters relating to the Website, these Terms of Use, or any dispute or claim arising therefrom or related thereto (in each case, including, but not limited to, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, the Website or these Terms of Use shall be instituted exclusively in the federal courts of the United States, or the courts of the State of New York, in each case located in the County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by any of the foregoing courts and to venue in such courts.

10. Contact Us

We welcome your questions, comments, and concerns about these Terms of Use and our Website. You can reach us at: info@growthcurvecapital.com; 212-970-1900; 1301 Avenue of the Americas, Floor 38, New York, NY 10019

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Last updated: June 28, 2024