Terms of Use

Terms of Use

These terms of use (the “Terms of Use”) constitute a legally binding agreement between 44 Oak Capital, LLC and 44 Oak Fund, LLC (together with its affiliates, “44 Oak”) and you, the user of the 44 Oak website (the “Site”). By accessing the Site you acknowledge that you have read and agree to the Terms of Use. The Terms of Use govern your use of the Site. Please read the Terms of Use carefully. If you do not agree with the Terms of Use, please do not use the Site.

44 Oak reserves the right to amend the Terms of Use in its sole discretion at any time. 44 Oak will post any changes to the Terms of Use on the Site, and changes shall be effective immediately upon posting. We recommend that you re-visit the Site on occasion to learn of any revised terms or policies. Your continued use of the Site after any such changes constitutes your acceptance of the new terms and policies.

Use of the Site

Your right to access and use the Site is limited solely for the purpose of evaluating a potential business relationship with 44 Oak or for internal business purposes in furtherance of an existing business relationship with 44 Oak. Without limiting the foregoing, as a condition of your right to access the Site under the Terms of Use, you acknowledge and agree that you shall not directly or indirectly:

●     Use the Site for any commercial purpose or for the benefit of any third party;

●     Frame or hyperlink the Site or any portion thereof without the prior written consent of 44 Oak;

●     Remove any proprietary notices from the Site or any copy thereof;

●     Attempt to decompile, reverse engineer or hack the Site or to defeat or overcome any security measures, encryption and/or digital rights management technology implemented by 44 Oak with respect to the Site and/or data transmitted, processed or stored by 44 Oak; or

●     Use the Site for any illegal or fraudulent purpose.

Intended Use of Website

44 Oak is not a broker-dealer or placement agent. At no time does 44 Oak offer, broker, advise, purchase, sell or otherwise transact in securities regulated by the SEC or federal or state law. 44 Oak does not accept, hold or transfer cash or securities. 44 Oak does not guarantee that a Company seeking investment will achieve any level of success or that any proposed offering will qualify under applicable federal and state securities laws.

44 Oak is not a personal financial advisor. 44 Oak, whether through the website or otherwise, does not provide personal financial advice, loans or credit, banking, consumer credit ratings, credit decisions, financial products, brokerage accounts, insurance, tax advice, legal advice, or financial or legal services of any kind.

44 Oak does not guarantee any results to anyone. All users of the website are responsible for making their own decisions to use the website and for any activity taken on the website, including without limitation registering and making an investment or otherwise.

 

No Offers or Advice/Forward-Looking Statements/Historical Information

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. Furthermore, no information or materials contained in the Site should be construed or relied upon as investment, legal, accounting, tax or other professional advice or in connection with any offer or sale of securities. 44 Oak will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

The Site may contain forward-looking statements, which reflect our 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 “anticipate” “approximately,” “believe,” “continue,” “estimate,” “”expect,” “intend,” “may,” “outlook,” “plan,” “potential,” “predict,” “seek,” “should,” or “will,” 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 44 Oak are included as representative transactions and are not necessarily reflective of overall results of any of 44 Oak’s businesses. Past performance is not indicative of future results; 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. 

PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS, AND ANY EXPECTED RETURNS OR HYPOTHETICAL PROJECTIONS MAY NOT REFLECT ACTUAL FUTURE PERFORMANCE. FURTHERMORE, PAST RETURNS MAY REFLECT THE PERFORMANCE OF ASSETS FOR A FINITE TIME, OR DURING A PERIOD OF EXTREME MARKET ACTIVITY. ALL INVESTMENTS INVOLVE RISK AND MAY RESULT IN PARTIAL OR TOTAL LOSS.

Performance Information.

Past Performance. The information contained on, or comments expressed on, the Site may include certain prior indications of past investment performance. In considering such prior performance information, you should bear in mind that past performance is not necessarily indicative of future results and there can be no assurance that an investment will, or is likely to, achieve comparable results to those achieved in the past, or that significant losses will be avoided.

Forward-Looking Statements. Certain information in the Site may contain certain “forward-looking statements” about 44 Oak, the funds or accounts it advises and their underlying investments which can be identified by the use of words such as “may”, “will”, should”, “expect”, “anticipate”, “project”, “estimate”, “intend”, “continue”, or “believe” or similar expressions. 44 Oak undertakes no obligation to update publicly or revise any forward-looking statements. Due to various risks and uncertainties, actual events, results or performance may differ materially from those reflected or contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statement.

Regulatory Disclosures

The content of this Site is for general, informational purposes. 44 Oak does not make any representation or warranty of any kind, express or implied, as to the accuracy or completeness of the information contained herein. Under no circumstances should the information presented be considered an offer to sell, or a solicitation to buy, any security. Such offer or solicitation may only be made pursuant to the current offering documents for the relevant 44 Oak Fund (the “Fund”) which may only be provided to accredited investors and qualified purchasers as defined under the Securities Act of 1933 and the Investment Company Act of 1940. While the information provided herein is believed to be accurate and reliable, 44 Oak, its advisors and employees make no express warranty as to its completeness or accuracy.

Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment, or that you should pursue any investment strategy, and no information or Content (as defined below) on the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Nothing on the Site is intended to be, and you should not consider anything on the Site to be investment, accounting, tax, legal or other professional advice.

The information provided on this Site may not be reproduced, distributed or communicated, in whole or in part, to any third party without the express written consent of 44 Oak.

This Site includes information regarding 44 Oak’ past and present investment portfolios. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to 44 Oak’ past and present investment portfolios should not be construed as a recommendation of any particular investment or security. The investment portfolios listed should not be assumed to have been profitable. Any past performance information on the Site, including the Investor Website (as defined below), is not necessarily indicative, or a guarantee, of future results.

The Site may contain forward-looking statements (including those relating to current and future market conditions and trends in respect thereof) that are not historical facts and are based on current expectations, estimates, projections, opinions and/or beliefs of 44 Oak. Such statements involve known and unknown risks, uncertainties and other factors, and undue reliance should not be placed thereon. In addition, no representation or warranty is made with respect to the reasonableness of any estimates, forecasts, illustrations, prospects or returns, which should be regarded as illustrative only, or that any profits will be realized. Actual events or results or actual performance of the relevant Fund (or any other entity referred to on the Site) may differ materially from those reflected or contemplated in such forward-looking statements. As a result, investors should not rely on such forward-looking statements in making their investment decisions. No representation or warranty is made as to future performance or such forward-looking statements.

The company logos of our corporate partner and affiliate organizations do not represent 44 Oak or 44 Oak fund investments and do not signify affiliation or endorsement.

The case studies presented on this Site contain the opinions of past and present 44 Oak portfolio company executives and are intended to be viewed by potential portfolio company executives. 44 Oak makes no representation or warranty as to the accuracy or completeness of the information presented here. It should not be assumed that the investment portfolios discussed in these case studies were profitable or that future investment portfolios or experiences will be comparable. Past performance is not necessarily indicative, or a guarantee, of future results. 44 Oak personnel are not employees or partners of 44 Oak and are compensated separately for their services by investment portfolios or the funds managed by 44 Oak. Under no circumstances should these case studies be construed as an offer to sell, or a solicitation to buy, any security or as opinions regarding the provision of investment advisory services by 44 Oak. Viewers should familiarize themselves with the full Terms of Use and other disclosures regarding the 44 Oak website, which fully apply to these case studies.

Social Medial Disclosure

Information that is provided by 44 Oak Capital Advisors (“44 Oak”) is for informational purposes only and should not be considered as investment advice or a recommendation to invest in any particular security, strategy, or investment product. 44 Oak is not engaged in rendering any tax, legal, or other accounting advice. Please consult with a qualified professional for this type of advice. Whenever an 44 Oak account follows another user, shares third-party content, or provides links to third-party content, this information is intended to provide additional perspective and should not be construed as an endorsement of services, products, or points of view.

Posts and comments from 44 Oak on social media accounts are not an offer to sell or solicitation of an offer to buy shares of any fund or investment product. All investments involve risk, including the possible loss of principal.

Opinions and comments expressed by third-parties on 44 Oak’s social media pages are the opinion of those persons submitting them and do not represent the views of 44 Oak or its management. 44 Oak does not endorse or approve content submitted by third-parties, or endorse individuals or organizations by using any features available on social media sites. 44 Oak may block any posts that are viewed as testimonials, advice, recommendations, or advertisements for specific products or services.

44 Oak is not affiliated with any social media sites and have no control over how these and other third-party sites use the information you share. If you participate in social networking sites, you should become familiar with their privacy/security policies, including how account settings work, and be aware of how user information can be displayed and used throughout the site. For your own security, you should never communicate any personal or account information using these channels. For more information about how 44 Oak may use information you provide, please refer to our Privacy Policy.

Please keep in mind that our industry regulates how we can conduct conversations in these types of forums. Therefore, we may not be able to respond directly to you.

Transparency of Sustainability Risk Policies

44 Oak believes that the transformative power of technology is the key to an even better future – a smarter economy, diverse and inclusive communities, and a broader path to prosperity. Environmental, Social and Governance (ESG) practices and policies guide us in our effort to be responsible stewards of our fund clients (“Funds”) and Fund investors who have entrusted us with their investment capital. 44 Oak seeks to integrate ESG considerations during the investment life cycle with engagement approaches designed to match 44 Oak’s influence over the investment in accordance with its Responsible Investment Policy and related processes.

Transparency of Adverse Sustainability Impacts at Entity Level

44 Oak considers ESG factors as part of its investment process but, at this time, it does not consider adverse impacts of investment decisions on sustainability factors as specifically set out in EU Regulation 2019/2088 (SFDR). 44 Oak has chosen not to do so for the present time as it considers that its existing ESG policies and procedures are appropriate, proportional and tailored to the investment strategy of the Fund. 44 Oak continues to closely monitor regulatory developments with respect to the SFDR and other applicable ESG-focused laws and regulations, including the implementation of related and secondary legislation and regulatory guidance, and will, where required or otherwise appropriate, make changes to its existing policies and procedures.

Risks You Assume

While we make reasonable efforts to provide accurate information, we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the Site.

Links to Other Websites

This Agreement applies only to the Site and not to other websites that may be accessible from the Site and 44 Oak shall not be responsible for the content of any third-party website accessible from the Site. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with 44 Oak. If you access any third-party website through the Site or otherwise, you do so at your own risk and we encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

Ownership

The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site, such as for example graphics, logos, articles and other materials (collectively, “Content”) are proprietary to 44 Oak or its licensors and are protected by intellectual property rights and unfair competition and other laws. The Marks may be registered or unregistered trademarks of 44 Oak or others. You may not use any Mark or Content without the express prior written permission of the owner (whether 44 Oak or otherwise), and nothing contained in the Terms of Use or anywhere on the Site shall be construed as granting any license, permission or right to use any Mark or Content. Any unauthorized or prohibited use of the Marks or Content may subject the offender to civil and criminal liability under applicable law.

Disclaimer of Warranties

The Site is provided “as is” and “as available” and, to the maximum extent permitted under law, provided without warranties, claims or representations made by 44 Oak, either express, implied or statutory, with respect to the Site, including warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage. 44 Oak further does not represent or warrant that the Site will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You acknowledge that the entire risk arising out of the use or performance of the site remains with you to the maximum extent permitted under law.

Limitation of Liability

44 Oak does not assume any liability or responsibility for the Site or the Content. 44 Oak is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or the Content, including any decision made or action taken based on the Content or any feature of the Site or (2) your breach of any provision of the Terms of Use.

Under no circumstances will 44 Oak be liable for any damages or losses (including direct, indirect, incidental, consequential, special, punitive or exemplary damages, lost revenues, lost profits, loss of business, loss of data or any other damages or losses) arising out of or in connection with the Terms of Use or your use of any service or Content, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

Indemnity

You agree that you will be solely responsible for, and that you will defend, indemnify and hold 44 Oak, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your use of the Site or your violation of the Terms of Use. 44 Oak reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify 44 Oak for all liabilities, losses or damages. You agree to provide 44 Oak with whatever cooperation it reasonably requests.

Password Protected Investor Website

If you have received a password to access information provided to investors in the Funds website (the “Investor Website”), you acknowledge and agree that 44 Oak has granted you limited access to specific information pertaining to certain Funds, and that the Terms of Use apply to the Investor Website in addition to any other terms of use, confidentiality agreements and disclaimers on the Investor Website. You agree not to attempt to access information other than that to which you are entitled as an investor. You agree that you are responsible for all activities that occur in connection with or arising out of the provided password. Accordingly, you agree to take all reasonable steps to protect the confidentiality of your password and not to allow any other person to use your password or gain access to the Investor Website. You agree to notify 44 Oak immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.

The information contained in the password protected Investor Website is confidential and subject to the confidentiality provisions contained in the governing agreements of the entities to which you are a party. The information contained in the Investor Website may not be disseminated to any third party without the express written consent of 44 Oak.

The Investor Website may contain material non-public information regarding the Funds or investment portfolios. It is a violation of United States securities laws for a person to trade securities of an issuer while in possession of material non-public information regarding such issuer or to communicate such material non-public information to any other person.If you have not received a password to access the Investor Website, you agree not to attempt to access computer files in the Investor Website.

Privacy

Your privacy is very important to us at 44 Oak. To better protect your rights we have provided the 44 Oak Privacy Statement to explain our privacy practices in detail.

International Use

44 Oak makes no representation that the use of the Site outside of the United States is appropriate or lawful. Accessing this Site from countries or territories where such access is illegal is prohibited. If you access this Site from outside of the United States, you do so at your own risk and agree to comply with all local rules and regulations regarding internet usage. 44 Oak’ databases are located in the United States and if you provide us with any data, you consent to the transfer and storage of such data within the United States.

Limitations of Liability

BY USING THE SITE, YOU ACKNOWLEDGE: (i) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (iii) THAT IN NO EVENT SHALL 44 Oak OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO (a) YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, (b) ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, (c) YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITE OR (d) ANY FAILURE OF PERFORMANCE, ERROR, COMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION, IN EACH CASE ((a) THROUGH (d)) INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF 44 Oak OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR LIABILITIES. 44 Oak RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THIS SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Termination

44 Oak may terminate your access to this Site at any time, for any reason and without notice. 44 Oak reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement (and/or your access to all or any part of this or any other 44 Oak Site or the Content) at any time and for any reason without prior notice or liability. Upon any termination of this Agreement you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under the Agreement or otherwise. If this Agreement is terminated, the following provisions shall survive: Intellectual Property Rights and Ownership, Disclaimers, Indemnification, Limitations of Liability, Severability and Waiver, Complete Agreement, Termination of the Agreement, Governing Law and Venue and Dispute Resolution and Injunctive Relief.

Miscellaneous

Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of the Terms of Use shall nonetheless remain in full force and effect. The failure of 44 Oak at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to the Terms of Use against or relating to 44 Oak or any indemnified party under the Terms of Use will be subject to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware and you irrevocably consent to the jurisdiction of such courts. The terms and conditions set forth in the Terms of Use and any agreements included or referred to in the Terms of Use constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

Headings and captions throughout the Terms of Use are for convenience only and should not be considered part of the Terms of Use. The word “including” means “including without limitation.”

Governing Law and Venue.

The Site is made available to you from the state of Delaware in the United States. If you elect to access and/or use the Site from outside of the United States, we make no warranties that materials on this site are appropriate or available for use in such locations. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the Site if you are restricted by any local, state, national or international laws. The laws of the state of New York, without regard to its principles of conflict of laws, will govern this Agreement (including any disputes concerning or related to this Agreement). You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Delaware for the purpose of resolving any dispute relating to your access to or use of the Site. Notwithstanding the foregoing, you expressly acknowledge and agree that 44 Oak may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes related to the use of the Site to final and binding arbitration in the state of New York.

Contact

Thank you for visiting our site. Please contact us at info@44oak.com if you have any questions about our Site, Terms of Use, or this Agreement. Electronic mail or other communications through this Site to 44 Oak (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications. If you have any questions or concerns, please contact 44 Oak at +1 212-239-4488.