Legal Disclaimers
LEGAL DISCLAIMERS
Welcome to the Deal Collective LLC Website
Important Notice
The detailed information and materials relating to Deal Collective LLC (“Deal Collective”) contained on this website and in any data room associated with any prospective investment sourced through Deal Collective (collectively, the “Evaluation Material”) are password protected and are only being made available to a limited number of qualified investors to whom such information is permitted to be provided under applicable laws and regulations.
By accessing the Deal Collective website and any Evaluation Material associated therewith, you are acknowledging that you have read and understand, and are agreeing to be bound by, the Covenants, Terms and Conditions set forth below. If you do not agree with the Covenants, Terms and Conditions, please exit the Deal Collective website and notify Mark Stoner at mark@dealcollective.com that you wish to discontinue the use of your Login ID and password.
Covenants, Terms and Conditions
Please read the following Covenants, Terms and Conditions governing the Deal Collective website and any Evaluation Material.
Conditions of Use
By using this website, you (i) acknowledge and agree that you have read these Covenants, Terms and Conditions carefully and understand each of them, and (ii) signify your assent to these Covenants, Terms and Conditions without limitation or qualification. Deal Collective may at any time revise these Covenants, Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Covenants, Terms and Conditions to which you are bound.
This website and any associated Evaluation Material is subject to subsequent update and revision, which may occur at any time or from time to time, but not on any particular schedule. You understand and agree that (i) Deal Collective is making no representations or warranties, express or implied, as to the accuracy or completeness of any Evaluation Material and assumes no responsibility for such, and (ii) Deal Collective will have no liability with respect to your use or reliance upon any of the Evaluation Material.
Any Evaluation Material being furnished to you is being provided on a confidential basis solely in response to your request for materials in connection with your evaluation of a possible investment. You are responsible for the confidentiality and use of your Login ID and password and agree not to disclose them to any third party. Deal Collective does not authorize the sharing of such Login ID and password and is not responsible for any breach of security caused by your failure to maintain the confidentiality of your Login ID and password. You are responsible for all statements, acts or omissions that occur through your Login ID and password. You agree to promptly notify Deal Collective if your Login ID or password is lost or stolen or if you become aware that your Login ID or password is being used in an unauthorized manner. Deal Collective reserves the right to discontinue or modify your Login ID and password at any time. Deal Collective may terminate your ability to access the password protected portion of this website, with or without notice, for any reason whatsoever and shall not be liable to you or any third party for such termination of any such access. You will not attempt to circumvent any of the security features of this website. You agree to promptly notify Deal Collective if you wish to discontinue use of your Login ID and password by contacting Mark Stoner at mark@dealcollective.com.
As used herein, “you” refers to the individual accessing and using this website and, if that individual is accessing and using this data room on behalf of an organization, including a corporation, partnership, limited liability company or other entity, then “you” also includes such organization.
Confidentiality
You recognize and acknowledge the competitive value and confidential nature of any Evaluation Material and that irreparable harm could result to Deal Collective and any of its affiliates, owners, partners and members if any information contained therein is disclosed other than as permitted under the Covenants, Terms and Conditions provided herein and in any Confidentiality Agreement entered into between you and any third party. The information contained in any Evaluation Material is not generally known to the public. You hereby agree that (i) you shall use the Evaluation Material solely for the purpose of evaluating an investment and for no other purpose and that no Evaluation Material will be used in any way detrimental to Deal Collective and any of its affiliates, owners, partners and members, (ii) the Evaluation Material will be kept confidential and will not be reproduced, distributed or transferred to any person, other than your officers, directors, employees, attorneys, consultants or advisors who need to receive such Evaluation Material for the purpose of evaluating an investment by you (your “Representatives”); provided, that such Representatives agree to keep the Evaluation Material confidential in accordance with the Covenants, Terms and Conditions provided herein and in any Confidentiality Agreement entered into by you with any third party and (iii) you or your Representatives will not otherwise disclose any of the Evaluation Material to any person in any manner whatsoever. In any event, you agree to undertake reasonable precautions to safeguard and protect the confidentiality of the Evaluation Material and to accept responsibility for any breach of the terms set forth in this website by you or your Representatives.
You acknowledge and agree that the Evaluation Material may contain material, non-public information regarding companies with publicly traded securities, and as such you are duly required to maintain the confidentiality of that information. Failure to do so may result in both civil and criminal penalties. You acknowledge that the United States securities laws prohibit any person who has material, non-public information about an issuer of securities from purchasing or selling securities of such issuer or from communicating such information to any other person under circumstances in which it is reasonably foreseeable that such person is likely to purchase or sell such securities. You agree to comply with all applicable securities laws and maintain the confidentiality of the Evaluation Material in accordance with such laws.
Access
Neither this website nor any of the other Evaluation Material contained or otherwise accessed herein are directed to, or intended for distribution to or use by, any person or entity who is a citizen of, resident of, or located in, any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject Deal Collective or any of its affiliates, owners, partners or members to any registration, filing or licensing requirement within such jurisdiction or would subject Deal Collective or any of its affiliates, owners, partners and members to regulation by securities or other governmental authorities in any such jurisdiction.
Content
An offer or solicitation to purchase limited partner interests in any third party fund, or to otherwise make an investment in any third party company or other third party securities will be made only through the offering materials of such third party (collectively, the “Offering Materials”) and will be subject to the terms and conditions contained in any such documents. The content of this website and any data room associated herewith has been prepared solely for informational purposes, is not, and may not be relied on in any manner as legal, tax or investment advice and does not constitute an offer or invitation to sell or solicitation of any offer to buy, subscribe for or sell any security or other financial instrument, or any advice or recommendation with respect to any security or financial instrument. Any Offering Materials should be closely reviewed and understood in full by you without any reliance whatsoever on Deal Collective, and Deal Collective hereby disclaims any liability whatsoever related thereto.
Although Deal Collective believes that it and its members will have competitive advantages in identifying and sourcing potential investments by you, as a member, there can be no guarantee that Deal Collective will be able to maintain such advantages over time. Any investment strategies and investment objectives are solely yours, and Deal Collective disclaims all liability associated therewith. You should review fully all risks and potential conflicts of interest regarding any investments sourced through Deal Collective, and should review and understand in full the applicable Offering Materials, including any discussion of risk factors and potential conflicts of interest contained therein.
Certain information contained in any portion of the Evaluation Material may constitute forward looking statements, including statements regarding the future operations, opportunities, financial performance or potential liquidity events with respect to any such investment. Forward looking statements may be identified by the use of terms such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “estimate,” “intend,” “continue” or “believe” or the negatives or other variations thereof. These forward looking statements and certain other information contained in the Evaluation Material (including statements relating to current and future market conditions and trends in respect thereof) represent the current opinions of the applicable third party and not of Deal Collective. There is no guarantee with respect to the accuracy of such opinions. Due to various risks and uncertainties, actual events or results or actual performance may differ materially from those reflected or contemplated in any of the Evaluation Material. As a result, investors should not rely on such forward looking statements.
You agree and acknowledge that all information contained in the Evaluation Material has been obtained from third party sources outside of Deal Collective. While such information is believed to be reliable for the purposes of any applicable data room and/or this website, neither Deal Collective, nor any of its affiliates owners, partners or members assume any responsibility for the accuracy of such information.
In considering any performance data contained in any Evaluation Material, you should bear in mind that past performance is not indicative or a guarantee of future results, and there can be no assurance that the comparable results will be achieved, or that the applicable third party will be able to implement its investment strategy or avoid losses. In addition, there can be no assurance that unrealized investments contained in any Evaluation Material will be realized at the valuations shown, as actual realized returns will depend on, among other factors, future operating results, the value of the applicable assets and market conditions at the time of disposition, legal and contractual restrictions on transfer that may limit liquidity, any related transaction costs, and the timing and manner of sale, all of which may differ materially and substantially from the assumptions on which the valuations are based. Nothing contained in any Evaluation Material should be deemed to be a prediction or projection of future performance. Any investment in a private fund, third party company or other securities is speculative and involves significant risks, including the risk of losing all or substantially all of such investment. You should seek to understand fully these (and all other) risks and have the financial ability and willingness to accept them for an extended period of time before considering any such investment.
Any hypothetical performance contained in the Evaluation Material has been included for illustrative purposes only, and is not necessarily, and does not purport to be, indicative, or a guarantee, of future results. Hypothetical performance includes any performance targets, projections, multi-fund composites, pro forma return adjustments or other similar presentations, and represents performance results that no individual fund, portfolio or investor has actually achieved. The preparation of such information is based on underlying assumptions, and because it does not represent the actual performance of any fund, portfolio or investor, it is subject to various risks and limitations that are not applicable to non-hypothetical performance presentations. For example, because cumulative, multi-fund composite performance reflects different funds managed through various economic cycles, it is not, nor is it intended to be, representative of the anticipated experience of an investor in a single fund. Any preparation of hypothetical performance involves subjective judgments. Although Deal Collective believes any hypothetical performance calculations described in any Evaluation Material are based on reasonable assumptions, the use of different assumptions would likely produce different results. For the foregoing and other similar reasons, the comparability of hypothetical performance to the prior (or future) actual performance of a fund is limited, and prospective investors should not unduly rely on any such information in making an investment decision.
Copyright and Trademark
This website and all of the contents contained herein are the property of Deal Collective and are protected by United States copyright laws. You may print the Evaluation Material in accordance with the Covenants, Terms and Conditions contained herein without the prior written consent of Deal Collective, provided that you maintain all copyright and other notices contained in such materials. None of the Evaluation Material, nor its content, nor any copy of it, may be altered in any way, transmitted to, or distributed to any other party, except in accordance with the Covenants, Terms and Conditions contained herein or with the prior written consent of Deal Collective. All trademarks, service marks and logos used on this website are trademarks or service marks of Deal Collective, unless otherwise indicated. Deal Collective’s trademarks or service marks may not be used in connection with any product or service that does not belong to Deal Collective or in any manner that is reasonably likely to cause confusion among consumers or disparage or discredit Deal Collective or any of its affiliates, owners, partners or related entities.
Governing Law
These Covenants, Terms and Conditions, all questions concerning the construction, interpretation and validity of these Covenants, Terms and Conditions, the rights and obligations of the parties hereto, all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to these Covenants, Terms and Conditions or the rights and obligations of the parties hereto and the negotiation, execution or performance of these Covenants, Terms and Conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Covenants, Terms and Conditions or as an inducement to enter into these Covenants, Terms and Conditions) shall be governed by and construed and enforced in accordance with the laws of the State of Texas, including its statutes of limitations, without giving effect to any choice or conflict of law provision or rule (whether in Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Texas and without regard to any borrowing statute that would result in the application of the statute of limitations of any other jurisdiction. In furtherance of the foregoing, the laws of the State of Texas will control even if under such jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily or necessarily apply. To the fullest extent permitted by law, unless otherwise agreed by Deal Collective in writing, in the event of any dispute arising out of or relating to these Covenants, Terms and Conditions, or the negotiation, execution or performance of these Covenants, Terms and Conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in, or in connection with, these Covenants, Terms and Conditions or as an inducement to enter into these Covenants, Terms and Conditions), the parties hereto consent and submit to the exclusive jurisdiction of the U.S. Federal and state courts located in Harris County of the State of Texas. UNLESS OTHERWISE AGREED BY DEAL COLLECTIVE IN WRITING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HERETO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS OR REMEDIES ARISING UNDER OR IN CONNECTION WITH THESE COVENANTS, TERMS AND CONDITIONS.
Enforceability
You may not assign, transfer, or delegate any of your rights or obligations under these Covenants, Terms and Conditions by operation of law or otherwise without the prior written consent of Deal Collective. Any purported assignment, transfer or delegation of rights or obligations in violation of this section is void. If any term or provision of these Covenants, Terms and Conditions shall be held to be unenforceable, all remaining terms and provisions shall not be impaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying such unenforceable term or provision.
Third-Party Sites
Although this website may contain links to third party sites, Deal Collective is not responsible for the content or privacy policies employed by any such sites. Deal Collective allows users to provide these links as a convenience as part of the site, however, Deal Collective does not endorse nor otherwise claim any affiliation or other interest in the companies or contents of any linked sites. Deal Collective accepts no responsibility and bears no liability for the content or information appearing on any linked sites, or for the accuracy, completeness, timeliness, use or reliance upon the information contained and/or for the products or services offered therein.