These Terms of Use (“Terms”) apply to your use of gpu-capital.com and any related pages, forms and emails (the “website”), operated by GPU Capital LLC and its affiliates, including GPU Capital Partners LLC (“GPU Capital”, “we”, “us”). By using the website, you agree to these Terms, our Important information page and our Privacy Policy. If you do not agree, please do not use the website.
1. Information only, not an offer
The website is for information only. Nothing on it is an offer to sell, or a solicitation of an offer to buy, any security or investment advisory service, or a recommendation of any investment. Any offer of an interest in a fund we manage (a “Fund”) will be made only through that Fund’s confidential offering documents, and only to eligible persons whom we have accepted after our review. Please read our Important information page, which forms part of these Terms.
2. Website terms and offering documents
These Terms govern your use of the website only. If you invest in a Fund, your rights and obligations as an investor are governed by that Fund’s offering documents, which take priority over anything on the website or in these Terms.
3. No advice and no client relationship
Nothing on the website is investment, legal, tax, accounting or other professional advice. Using the website, submitting a form, booking a meeting or receiving market notes does not make you our client or create any adviser, fiduciary or other relationship between you and us. You should get your own professional advice before making any investment or financing decision.
4. Who may use the website
You may use the website only if you are at least 18 years old and able to agree to these Terms. You may not use the website if you are located in, or are a resident of, a country or region subject to comprehensive US sanctions, or if you are a person with whom US persons are prohibited from dealing under US sanctions or export control laws.
Some pages, materials and services are intended only for persons who meet specific requirements, such as eligibility requirements for investors. You must not give us false information to gain access to them.
5. Information you send us
You agree that the information you submit through the website is accurate and that you are entitled to share it, including on behalf of any company you represent. Please do not send us confidential information through the website unless we have agreed in writing to receive it. Our inquiry forms explain how we handle the information you submit.
If you send us ideas, suggestions or feedback about our website or services, we may use them without any obligation to you.
6. Investor areas and confidential materials
If we give you access to a password-protected area, a data room or confidential materials:
- you must keep your login details secure and not share them with anyone else;
- you must keep the materials confidential and use them only to evaluate a possible investment in the relevant Fund, unless you have signed a separate confidentiality agreement with us, in which case that agreement applies;
- you must not copy, forward or publish them, except to your professional advisers who are bound to keep them confidential; and
- we may suspend or end your access at any time.
Our investor portal is provided by Carta, a third party. Carta’s terms and privacy policy apply when you use it.
7. Our content
The website and its content, including text, charts, data, graphics, logos and design, are owned by GPU Capital or its licensors and are protected by copyright, trademark and other laws. You may view and print pages for your own information. You may share a link to a public page, and you may quote short extracts from our market notes with a clear credit and a link to the source. Otherwise, you may not copy, reproduce, distribute, modify or create works based on the content without our prior written permission.
Names and marks of other companies belong to their owners. Their appearance on the website does not mean that they endorse us or are connected with us, unless we say so.
8. Acceptable use
You must not:
- use the website in any way that breaks the law or that is fraudulent or harmful;
- pretend to be someone else, or misstate your connection with any person or company;
- try to gain unauthorized access to the website, our systems or any account, or interfere with the website’s security or operation;
- send viruses or other harmful code, or overload the website; or
- use the website to send unsolicited marketing.
9. Third-party websites
The website links to websites run by others, such as Carta, Calendly and GPU Appraisals. We do not control them and are not responsible for their content, availability, security or privacy practices. A link is not an endorsement. Your use of another website is governed by its own terms.
10. Accuracy and availability
We take care to keep the website accurate. However, information on it is current only as of the date shown or the date it was published, it may contain errors or omissions, and it may change without notice. We may change, suspend or remove any part of the website at any time. We do not promise that the website will be available at all times or free of errors or viruses.
11. Disclaimer
To the extent permitted by law, the website and its content are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement.
12. Limitation of liability
To the extent permitted by law, GPU Capital, its affiliates and their members, managers, employees and agents will not be liable for any indirect, incidental, special or consequential loss, or any loss of profits, data or opportunity, arising from your use of, or inability to use, the website, even if we were told such loss was possible.
Nothing in these Terms excludes or limits: (a) any right you have under the federal or state securities laws or any other law that cannot be waived or limited by contract; (b) any duty we owe, or right you have, under a Fund’s offering documents or any other agreement with us; or (c) liability for our fraud, gross negligence or willful misconduct.
13. Your responsibility for misuse
If you break these Terms, you agree to compensate GPU Capital for reasonable losses and costs, including reasonable legal fees, that result directly from your breach, to the extent permitted by law.
14. Governing law
These Terms are governed by the laws of the State of Washington and applicable US federal law, without regard to conflict of law rules. This section does not apply to disputes under a Fund’s offering documents, which are governed by those documents.
15. Changes to these Terms
We may update these Terms from time to time by posting a new version on this page with a new “Last updated” date. The updated Terms apply from the date they are posted. If you keep using the website after that, you accept the updated Terms.
16. General
If any part of these Terms is found to be unenforceable, the rest will remain in effect. Our failure to enforce any part of these Terms is not a waiver. These Terms, together with the Important information page and the Privacy Policy, are the entire agreement between you and us about the website. They do not replace any separate agreement you have signed with us.
17. Contact
GPU Capital LLC, Seattle, Washington
Email: marek@gpu-capital.com