Terms of Use

The information offered by Bowside Capital, LLC (“Bowside”) on the website located at www.bowsidecapital.com (together with any subdomains, the“Site”) is intended solely to provide general information regarding Bowside’s business. Bowside provides investment advisory services to a limited number of clients and does not offer or make available such investment advisory services to the general public. Your use of this Site is subject to the terms and conditions of this Terms of Use Agreement (the “Terms and Conditions”). These Terms and Conditions do not amend or supersede any previous written agreements you may have with Bowside or its affiliates.

By accessing, browsing and/or using this Site, you acknowledge and agree to these Terms and Conditions. If you do not agree to every provision of these Terms and Conditions, you do not have permission to access, browse or use this Site. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. By accessing, browsing and/or using this Site following the posting of changes to these Terms and Conditions, you accept all provisions of the revised Terms and Conditions. If you do not agree to all of the Terms and Conditions, you agree that your sole remedy is to discontinue use of this Site. Any use of this Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We recommend that you periodically visit this page of the Site to review these Terms and Conditions. These Terms and Conditions are effective as of the date indicated above.

Scope of Use

As between Bowside and you, Bowside is the copyright owner of all the material displayed on and/or accessible through this Site, including without limitation, software, text, graphics, charts, information, images, reports, presentations and other material (collectively referred to as the “Content”). Bowside grants you a limited right to access and use this Site solely for your own personal, internal, non-commercial use. For your personal non-commercial use only, you may print copies of the Content and store it on your own computer. You may not otherwise download or modify this Site or any Content, except with the prior express written consent of Bowside. You are not granted any license for (i) any resale or commercial use of this Site and/or any Content; (ii) any derivative use of this Site or the Content; or (iii) any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use by you shall automatically terminate all rights granted to you hereunder.

Intellectual Property

Bowside retains its property rights, including, without limitation, all rights under U.S. and international copyright law, to all Content, (which, for the avoidance of doubt, includes but is not limited to non-textual information components, such as graphic images and trade dress, that are part of or incident to the Content). This means that without the prior express written permission of Bowside, you may not (i) distribute Content to others, (ii) include Content on any other web site, on a server computer, or in documents, including but not limited to “mirroring” the information and/or displaying the information by means of HTML frames or similar means, or (iii) modify or re-use the Content. Bowside reserves all rights not expressly granted herein.

The Bowside name and logo are trademarks and/or registered trademarks of Bowside Capital, LLC. You acknowledge and agree that any name, logo, trademark or service mark contained on this Site is owned or used with permission by Bowside and may not be used by you without the express prior written approval of Bowside or the relevant owner of the name, logo, trademark or service mark. Bowside will aggressively enforce its intellectual property rights to the full extent of the law. Your use of any of these materials is prohibited unless specifically permitted by Bowside in writing prior to any such use. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

No Offer of Securities or Advice

You acknowledge that neither this Site nor any Content made available through the Site is intended to constitute an offer to buy or sell any securities. Bowside only provides investment advisory services to a limited number of clients and does not solicit or make its services available to the general public. You acknowledge that Bowside does not provide any tax, legal, accounting or other professional advice through the Content made available on the Site.

You acknowledge that specific transactions included on the Site are representative. Representative transactions may not include a complete list of all or current Bowside investments. Past performance of representative transactions or of any investment vehicle managed by Bowside is no guarantee of future results. It should not be assumed that investments made in the future will be profitable or equal to the performance of previous investments. You agree that such information should not be construed as an offer or solicitation of any security or investment product, nor should it be interpreted to contain a recommendation for the sale or purchase of any security or investment product.

Linking

You may not link to this Site from any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other web site or material which could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Bowside or other parties involved in creating, producing or delivering this Site may monitor or review any links to this Site, Bowside and such parties assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Although this Site may link to other web sites (“External Sites”), Bowside is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with any External Site, unless specifically stated herein. By entering this Site, you acknowledge and agree that Bowside has not reviewed the External Sites and is not responsible for the content contained on any External Site. Your access and use of any External Site is at your own risk.

Privacy Statement

To understand our privacy practices, please review our Privacy Statement which also governs your visit to and use of this Site.

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND BOWSIDE HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER BOWSIDE NOR ANY PERSON ASSOCIATED WITH BOWSIDE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER BOWSIDE NOR ANYONE ASSOCIATED WITH BOWSIDE REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF BOWSIDE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS AND/OR ANY OTHER PARTY INVOLVED IN THE DEVELOPMENT, MAINTENANCE OR OFFERING OF THE SITE (THE “BOWSIDE PARTIES”) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOWSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnification and Release

You agree to release, indemnify and hold Bowside and the Bowside Parties (as defined in above) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site and/or your violation of these Terms and Conditions. This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

United States Only

This Site is hosted in the United States. Bowside makes no representation that the Site or the Content is appropriate or available for use in other locations. If you access the Site from locations outside the United States, you do so at your own risk. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this Site if you are restricted by any local, state, national or international laws.

Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising out of or related to these Terms and Conditions, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of South Carolina, 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 these Terms and Conditions or the Site shall be instituted exclusively in the federal or state courts located in the State of South Carolina. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

Bowside reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Waiver and Severability

No waiver of these Terms and Conditions by Bowside shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Bowside to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

Termination and Changes

Bowside reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and Conditions and access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. Bowside reserves the right to change, suspend or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Bowside regarding your use of the Site, superseding any prior agreements between you and Bowside with respect to your use of the Site.