Legal Disclaimer and Terms of Use

General: By visiting the website (the “Site”) of Lateral Investment Management, LLC together with its private funds, pooled vehicles, related or affiliated investment vehicles, and general partner entities (“Lateral” or “we”), you acknowledge and agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and Lateral. This Site is intended for and applicable only for individuals age 18 or older.  If you are under 18 years of age, or the age of majority in your jurisdiction, you may not use this Site.

Your visit to this Site is subject to these Terms of Use and Privacy Notice (also contained on the Site). By visiting the Site, you agree to these Terms of Use and our Privacy Notice, which may be updated by us at any time. If we update our Terms of Use, we will post the updated Terms of Use here. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Site each time you visit the Site. If you do not agree with it, you should not use the Site. You agree that you do not have any rights in this Site and that Lateral will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.

If you have any questions or comments about these Terms of Use, please contact us General Inquires ir@lateralim.com or by writing to us at 400 S. El Camino Real, Suite 1100, San Mateo, CA 94402.

Personal Information: On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Notice for more information about our information collection, use and sharing practices.

Content and Uses: All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the Site is owned by Lateral or their respective related, affiliated, or third-party owners. By visiting this Site you agree to the following with respect to the content and information on the Site (the “Content”).

• Lateral grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use only. You may not alter or modify the Content in your copies.
• You may not use any trademark, service mark or logo of Lateral or any third party that appears on the Site without our prior written consent.
• You agree not to copy portions of the Site with the functioning of the Site or restrict or inhibit any others from using the Site.
• Unless you obtain our prior written consent, you may not use the Site for any commercial purpose or exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Site.
• You may not violate any law, regulation, rule or the intellectual property or contractual rights of others, or 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 delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.
• You may not transmit any virus, worm, time bomb or similar system interference or “corruptant” through this Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at ir@lateralim.com.

Submitted Content: Certain portions of the Site may allow you the ability to submit various content (“Your Data”). By submitting Your Data, you agree that you will not post any content that:

• Is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Lateral; 
• Contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; 
• Impersonates any person or organization, including without limitation, the personnel of Lateral, or misrepresent an affiliation with another person or organization; 
• Contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.    

You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein.  Lateral may cancel your account and delete all Your Data associated with your account at any time, and without notice, if Lateral deems that you have violated these Terms of Use, the law, or for any other reason.  Lateral assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By displaying, publishing, or otherwise posting any Your Data on or through the Site, you hereby grant to Lateral a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Your Data in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any Your Data, as well as the right to sublicense Your Data to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

You agree to indemnify and hold Lateral, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms of Use, or any violations thereof by your dependents or which arises from the use of Your Data you submitted, posted, or otherwise provided to Lateral or this Site.

Your Account. Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. You agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Lateral; that you will only submit information about yourself; and that you will otherwise comply with these Terms of Use. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available on the Site. You must keep your user account, username, and password secure. You must notify Lateral immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Site.

You understand that you have no ownership rights in your account or other access to the Site or features therein. Lateral may terminate your access to the Site, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to Lateral, at any time, and without notice, for any reason, including if Lateral deems that you have violated these Terms of Use, the law, or for any other reason. Lateral assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

Investment Disclaimers and Limited Liability: This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

This Site does not provide specific investing advice or strategies to any individual. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Lateral or any of its affiliates. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation (“FDIC”) or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of you or the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that Lateral is not liable for any action you take or decision you make in reliance on any Content. Lateral will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

The Content is provided on an “as is” and “as available” basis. While Lateral attempts to maintain the accuracy and completeness of the Content, Lateral does not represent or guarantee that the Content, which includes the information, text, graphics, links and other items contained on this website, is accurate, adequate, valid, timely, or complete. Certain Content has been obtained from or is based upon third-party sources, which third-party Content Lateral believes to be reliable, but no representation or guarantee is made as to the accuracy, validity, timeliness, completeness or suitability of such third party Content. While Lateral makes no commitment to update the Content, it reserves the right to make changes and corrections at any time, without notice. The Content is the property of Lateral and/or its vendors and/or other third party sources, and is protected by copyright, trade secret and other intellectual property and proprietary rights.

Lateral does not make any warranty of any kind whatsoever, expressed or implied, regarding the content including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Lateral its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis.

IN NO EVENT SHALL LATERAL, ITS AFFILIATES OR THEIR RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OR DISTRIBUTION OF THE SITE, OR ANY CONTENT THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

Past Performance is not Indicative of Future Results: Similarly, 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. The investment return and principal value of an investment may fluctuate, and, as a result, with respect to products which provide for redemptions, your redemption value may be more or less than original cost.

The Site may contain forward-looking statements, which reflect Lateral’s current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. 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 the Site as having been engaged in by Lateral are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by Lateral. 

Confidentiality: Notwithstanding anything to the contrary contained in the Privacy Notice, any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and Lateral will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

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

Third-party websites and links Lateral does not review or monitor any websites linked from or to the Site 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. Lateral disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

Governing Law: The laws of the State of California govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in California. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These section shall operate to the fullest extent permissible by law.

Miscellaneous: The failure of Lateral to comply with these Terms of Use because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, pandemic, state or local governmental authorities or for any other reason beyond the reasonable control of Lateral, shall not be deemed a breach of these Terms of Use.  If Lateral fails to act with respect to your breach or anyone else’s breach on any occasion, Lateral is not waiving its right to act with respect to future or similar breaches.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute a binding agreement between you and Lateral, and is accepted by you upon your use of the Site or your account. These Terms of Use constitute the entire agreement between you and Lateral regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Use.