Terms of Use
These Terms of Use govern this website (the “Site”) of 10 Point Capital, LLC and its affiliates (together, “10 Point,” “we” or “us”).
Your visit to www.10pointcapital.com (the “Site”) is subject to these Terms of Use. By visiting the Site, you agree to these Terms of Use, which may be updated by us at any time and constitute a legal agreement between you and 10 Point. We will post any updates to these Terms of Use here, and any updates will be effective upon posting. Your continued use of the Site after any such updates constitutes your acceptance of the updated terms and conditions. You should consult the Terms of Use on this Site each time you visit the Site. If you do not agree with the Terms, please do not use the Site.
Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern.
This Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Your compliance with these terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Term of Use or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
1. Uses of Our Site and Content
All content, trademarks, logos, copyrights and other intellectual property displayed on the Site are owned by 10 Point or their respective owners. By visiting this Site, you agree to the following with respect to the content on the Site (the “Content”).
10 Point grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, print and make limited personal copies of individual pages from the Site, solely for your personal and noncommercial use. You may not use any trademark, service mark or logo of 10 Point or any third party that appears on the Site without prior written consent.
You may not copy significant Content from the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
If you download any pages from the Site, you may not remove or obscure any notices or legends or otherwise alter or modify the Content in your copies.
You may not make commercial use of any of the Content, forward or distribute it other than to a few individuals or post the Content on another website or public media.
If you link other websites to this Site, you may not imply or suggest that 10 Point has endorsed or is affiliated with such websites. You may not display this Site as “framed” within another website.
You may not (and may not encourage or assist others to) use this Site to violate any law, regulation, rule or the rights of others.
You may not violate or attempt to violate the security of this Site or use the Site to gain access to the identities, information or computers of others.
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 corruption through this Site.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
10 Point has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We may at any time revoke your right to use all or any portion of the Site. 10 Point may investigate any actual or suspected violation of these Terms of Use and may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities that it deems appropriate.
2. Investment Disclaimers
The Site is for general informational purposes only. The Site does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. The investments and strategies discussed on the Site may not be suitable for all investors and are not obligations of or guaranteed by 10 Point or any of its affiliates. 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 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. The information made available to you through the Site does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by 10 Point. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, including the qualifications necessary to become an investor. You agree that 10 Point is not liable for any action you take or decision you make in reliance on any content. 10 Point will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
The Site is intended solely to provide information regarding 10 Point’s potential financing capabilities for prospective portfolio companies. The information provided on the Site, including information regarding 10 Point’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer to sell, a solicitation of an offer to sell or sale of any security or investment product or investment advice. 10 Point does not solicit or make its services available to the public.
The portfolio company profiles and case studies provided on the Site are intended as examples that clarify and typify 10 Point’s investment approach and are not an exhaustive catalogue of 10 Point investments. They may not be representative of 10 Point’s investments. The companies were not selected based on the return of 10 Point’s investment therein. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. The investment characteristics reflected herein may not be indicative of future investment characteristics and there can be no assurance that 10 Point’s future investments will have comparable characteristics. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results. For a full list of all 10 Point investments, please see “Portfolio Companies.”
Information provided herein, including information obtained from third party sources, reflects 10 Point’s views as of a particular time and not as of any future date. Such information will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or change occurring after such information has been provided. While 10 Point has used reasonable efforts to obtain information from reliable sources, any use of information, assumptions or analyses from third party sources does not imply that 10 Point has independently verified or otherwise agrees with such assumptions, analyses or figures and 10 Point makes no representations or warranties as to the accuracy, reliability, or completeness of any third-party information presented herein. The information provided herein does not purport to be comprehensive. It has been prepared solely for informational purposes and is directed to customers and counterparties of these portfolio companies but is not to be used by or be useful to investors or prospective investors in funds advised by affiliates of 10 Point. 10 Point, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on the Site and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request.
The Site contains “forward-looking statements” which reflect our current views with respect to future events, future financial performance, strategies, expectations, competitive environment and regulation. You can identify these “forward-looking” statements by the use of words such as “will,” “may,” “should,” “could,” “would,” “predicts,” “potential,” “continue,” “expects,” “anticipates,” “future,” “intends,” “plans,” “believes,” “estimates,” “projects,” “targets,” “outlook,” “seek,” “approximately,” or the negative version of these words, or other similar words, as well as use of the future tense. All statements other than statements of historical fact are, or may be deemed to be, forward-looking statements. Forward-looking statements are not intended to be guarantees of future performance and 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.
3. Linked Sites
These Terms of Use concern only the Site and do not concern any website to which the Site may link. Should you choose to visit these third-party sites, you should review their policies to ensure that you are comfortable with their terms. The use of any third-party website is entirely at your own risk. Any third-party trademark and website content included or referenced appearing herein are the property of their respective owners. 10 Point does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites. Further, these Terms of Use do not govern information that you submit to 10 Point outside of your use of the Site, including in your role as an investor in 10 Point or in funds that we sponsor or manage. We address these practices in separate notices.
Any links to other websites are not intended as referrals or endorsements of the websites’ owners, but are provided only for convenience and informational purposes. Your use of any information obtained from such addresses is voluntary, and it is your responsibility to confirm its accuracy, completeness, efficacy, and timeliness.
4. Transmission to and from the Site
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 10 Point will be free to use, disclose, modify, reproduce and distribute it (and allow others to do so) for any purpose without compensation to you.
5. International Use
The Site is operated and controlled by us in the United States. Despite the global nature of the Internet, 10 Point makes no claims that the Content or the Site are appropriate or may be viewed or used in every jurisdiction worldwide. Access to the Site from countries or territories where such access is illegal is prohibited. 10 Point 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 soon their own initiative and are responsible for compliance with local laws, rules and regulations.
6. Limitation of Liability and Disclaimers
10 Point and its employees, agents, directors and investors (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, security, freedom from viruses or malware, timeliness, 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 10 Point or its 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 (“Damages”), arising out of or in connection with any access to or use of (or inability to use) the Site, or any Content therein, including Damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action, or any content obtained through use of the Site. This is true even if 10 Point has been advised of the possibility of such damages or losses.
While we use reasonable efforts to obtain information from reliable sources, 10 Point does not warrant that the information in this Site is accurate, reliable, complete, or correct, or that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”. We also endeavor to protect your personally identifiable information, and use technical, administrative and physical methods to maintain the integrity and security of our databases. Please be aware though that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
7. Indemnification
You agree to defend, indemnify, and hold harmless 10 Point, any Related Persons, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
8. Governing Law and Forum
The laws of the State of Georgia 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 Atlanta, Georgia. You agree to waive trial by jury in any such action. Any failure of 10 Point to act with respect to a breach of these Terms of Use does not constitute a waiver and will not limit 10 Point’s rights with respect to such breach or any subsequent breaches.
9. Class Action Waiver
You agree that if any dispute should arise between you and 10 Point, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.
10. Severability
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
11. How to Contact Us
If you have any questions or comments about these Terms of Use, you can email us at admin@10pointcapital.com, call us at (404) 444-3110, fax us at [(xxx) xxx-xxxx], or write to us at Web Admin, 10 Point Capital, LLC, 3575 Piedmont Road NE, Building 15, Suite 730, Atlanta, Georgia 30305.
DISCLOSURES
The information made available to you through this website does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by 10 Point Capital, LLC or its affiliates (“10 Point,” “we” or “us”). Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, including the qualifications necessary to become an investor. This website does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. 10 Point, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on this website and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request.
This website is intended solely to provide information regarding 10 Point’s potential financing capabilities for prospective portfolio companies. The information provided on this website, including information regarding 10 Point’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. 10 Point does not solicit or make its services available to the public.
The portfolio company profiles and case studies provided on this website are intended as examples that clarify and typify 10 Point’s investment approach, not as an exhaustive catalogue of 10 Point investments. The companies were not selected based on the return on 10 Point’s investment in them. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results.
Information provided reflects 10 Point’s views as of a particular time. Such views are subject to change at any point and 10 Point shall not be obligated to provide notice of any change. While 10 Point has used reasonable efforts to obtain information from reliable sources, we make no representations or warranties as to the accuracy, reliability, or completeness of third-party information presented herein. Any third-party trademarks appearing herein are the property of their respective owners. At certain places on this website, live ‘links’ to other Internet addresses can be accessed. 10 Point does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites. Any links to other sites are not intended as referrals or endorsements, but are merely provided for convenience and informational purposes. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
These Terms of Use govern this website (the “Site”) of 10 Point Capital, LLC and its affiliates (together, “10 Point,” “we” or “us”).
Your visit to www.10pointcapital.com (the “Site”) is subject to these Terms of Use. By visiting the Site, you agree to these Terms of Use, which may be updated by us at any time and constitute a legal agreement between you and 10 Point. We will post any updates to these Terms of Use here, and any updates will be effective upon posting. Your continued use of the Site after any such updates constitutes your acceptance of the updated terms and conditions. You should consult the Terms of Use on this Site each time you visit the Site. If you do not agree with the Terms, please do not use the Site.
Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern.
This Site is offered and available to users who are 13 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Your compliance with these terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Term of Use or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
1. Uses of Our Site and Content
All content, trademarks, logos, copyrights and other intellectual property displayed on the Site are owned by 10 Point or their respective owners. By visiting this Site, you agree to the following with respect to the content on the Site (the “Content”).
10 Point grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, print and make limited personal copies of individual pages from the Site, solely for your personal and noncommercial use. You may not use any trademark, service mark or logo of 10 Point or any third party that appears on the Site without prior written consent.
You may not copy significant Content from the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site, or restrict or inhibit any others from using the Site.
If you download any pages from the Site, you may not remove or obscure any notices or legends or otherwise alter or modify the Content in your copies.
You may not make commercial use of any of the Content, forward or distribute it other than to a few individuals or post the Content on another website or public media.
If you link other websites to this Site, you may not imply or suggest that 10 Point has endorsed or is affiliated with such websites. You may not display this Site as “framed” within another website.
You may not (and may not encourage or assist others to) use this Site to violate any law, regulation, rule or the rights of others.
You may not violate or attempt to violate the security of this Site or use the Site to gain access to the identities, information or computers of others.
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 corruption through this Site.
You are responsible for making all arrangements necessary for you to have access to the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
10 Point has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We may at any time revoke your right to use all or any portion of the Site. 10 Point may investigate any actual or suspected violation of these Terms of Use and may report any activity relating to this Site to regulators, law enforcement officials, or other persons or entities that it deems appropriate.
2. Investment Disclaimers
The Site is for general informational purposes only. The Site does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. The investments and strategies discussed on the Site may not be suitable for all investors and are not obligations of or guaranteed by 10 Point or any of its affiliates. 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 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. The information made available to you through the Site does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by 10 Point. Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, including the qualifications necessary to become an investor. You agree that 10 Point is not liable for any action you take or decision you make in reliance on any content. 10 Point will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.
The Site is intended solely to provide information regarding 10 Point’s potential financing capabilities for prospective portfolio companies. The information provided on the Site, including information regarding 10 Point’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer to sell, a solicitation of an offer to sell or sale of any security or investment product or investment advice. 10 Point does not solicit or make its services available to the public.
The portfolio company profiles and case studies provided on the Site are intended as examples that clarify and typify 10 Point’s investment approach and are not an exhaustive catalogue of 10 Point investments. They may not be representative of 10 Point’s investments. The companies were not selected based on the return of 10 Point’s investment therein. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. The investment characteristics reflected herein may not be indicative of future investment characteristics and there can be no assurance that 10 Point’s future investments will have comparable characteristics. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results. For a full list of all 10 Point investments, please see “Portfolio Companies.”
Information provided herein, including information obtained from third party sources, reflects 10 Point’s views as of a particular time and not as of any future date. Such information will not be updated or otherwise revised to reflect information that subsequently becomes available, or circumstances existing or change occurring after such information has been provided. While 10 Point has used reasonable efforts to obtain information from reliable sources, any use of information, assumptions or analyses from third party sources does not imply that 10 Point has independently verified or otherwise agrees with such assumptions, analyses or figures and 10 Point makes no representations or warranties as to the accuracy, reliability, or completeness of any third-party information presented herein. The information provided herein does not purport to be comprehensive. It has been prepared solely for informational purposes and is directed to customers and counterparties of these portfolio companies but is not to be used by or be useful to investors or prospective investors in funds advised by affiliates of 10 Point. 10 Point, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on the Site and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request.
The Site contains “forward-looking statements” which reflect our current views with respect to future events, future financial performance, strategies, expectations, competitive environment and regulation. You can identify these “forward-looking” statements by the use of words such as “will,” “may,” “should,” “could,” “would,” “predicts,” “potential,” “continue,” “expects,” “anticipates,” “future,” “intends,” “plans,” “believes,” “estimates,” “projects,” “targets,” “outlook,” “seek,” “approximately,” or the negative version of these words, or other similar words, as well as use of the future tense. All statements other than statements of historical fact are, or may be deemed to be, forward-looking statements. Forward-looking statements are not intended to be guarantees of future performance and 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.
3. Linked Sites
These Terms of Use concern only the Site and do not concern any website to which the Site may link. Should you choose to visit these third-party sites, you should review their policies to ensure that you are comfortable with their terms. The use of any third-party website is entirely at your own risk. Any third-party trademark and website content included or referenced appearing herein are the property of their respective owners. 10 Point does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites. Further, these Terms of Use do not govern information that you submit to 10 Point outside of your use of the Site, including in your role as an investor in 10 Point or in funds that we sponsor or manage. We address these practices in separate notices.
Any links to other websites are not intended as referrals or endorsements of the websites’ owners, but are provided only for convenience and informational purposes. Your use of any information obtained from such addresses is voluntary, and it is your responsibility to confirm its accuracy, completeness, efficacy, and timeliness.
4. Transmission to and from the Site
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 10 Point will be free to use, disclose, modify, reproduce and distribute it (and allow others to do so) for any purpose without compensation to you.
5. International Use
The Site is operated and controlled by us in the United States. Despite the global nature of the Internet, 10 Point makes no claims that the Content or the Site are appropriate or may be viewed or used in every jurisdiction worldwide. Access to the Site from countries or territories where such access is illegal is prohibited. 10 Point 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 soon their own initiative and are responsible for compliance with local laws, rules and regulations.
6. Limitation of Liability and Disclaimers
10 Point and its employees, agents, directors and investors (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, security, freedom from viruses or malware, timeliness, 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 10 Point or its 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 (“Damages”), arising out of or in connection with any access to or use of (or inability to use) the Site, or any Content therein, including Damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access to, alteration of or use of any asset, whether for breach of contract, tortious behavior, negligence or under any other cause of action, or any content obtained through use of the Site. This is true even if 10 Point has been advised of the possibility of such damages or losses.
While we use reasonable efforts to obtain information from reliable sources, 10 Point does not warrant that the information in this Site is accurate, reliable, complete, or correct, or that this Site will be available at any particular time or location. Such information or materials are provided “as is” and “as available”. We also endeavor to protect your personally identifiable information, and use technical, administrative and physical methods to maintain the integrity and security of our databases. Please be aware though that there is no such thing as “perfect security” on the Internet, and third parties may unlawfully intercept or access transmissions or private communications, and accordingly electronic mail and other transmissions to and from the Site or made via the Site may not be secure.
7. Indemnification
You agree to defend, indemnify, and hold harmless 10 Point, any Related Persons, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
8. Governing Law and Forum
The laws of the State of Georgia 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 Atlanta, Georgia. You agree to waive trial by jury in any such action. Any failure of 10 Point to act with respect to a breach of these Terms of Use does not constitute a waiver and will not limit 10 Point’s rights with respect to such breach or any subsequent breaches.
9. Class Action Waiver
You agree that if any dispute should arise between you and 10 Point, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.
10. Severability
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
11. How to Contact Us
If you have any questions or comments about these Terms of Use, you can email us at admin@10pointcapital.com, call us at (404) 444-3110, fax us at [(xxx) xxx-xxxx], or write to us at Web Admin, 10 Point Capital, LLC, 3575 Piedmont Road NE, Building 15, Suite 730, Atlanta, Georgia 30305.
DISCLOSURES
The information made available to you through this website does not constitute an offer to sell or a solicitation of an offer to purchase interests in any fund sponsored by 10 Point Capital, LLC or its affiliates (“10 Point,” “we” or “us”). Any such offer or solicitation will be made only through a private offering pursuant to a confidential private placement memorandum and related subscription documents, including the qualifications necessary to become an investor. This website does not purport to be all-inclusive and does not contain all material information that a prospective investor may desire when contemplating making an investment. 10 Point, its affiliates, and their respective officers, agents, and employees do not warrant the accuracy, adequacy, or completeness of the information contained on this website and expressly disclaim liability for errors or omissions in the information. Additional information is available upon request.
This website is intended solely to provide information regarding 10 Point’s potential financing capabilities for prospective portfolio companies. The information provided on this website, including information regarding 10 Point’s current and historical portfolio companies, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice. 10 Point does not solicit or make its services available to the public.
The portfolio company profiles and case studies provided on this website are intended as examples that clarify and typify 10 Point’s investment approach, not as an exhaustive catalogue of 10 Point investments. The companies were not selected based on the return on 10 Point’s investment in them. It should not be assumed that the specific investments identified and discussed herein were or will be profitable or that any portfolio company investments made in the future will equal the performance of the companies identified herein. No guarantee of investment performance is being provided and no inference to the contrary should be made. Past performance is not indicative of future results.
Information provided reflects 10 Point’s views as of a particular time. Such views are subject to change at any point and 10 Point shall not be obligated to provide notice of any change. While 10 Point has used reasonable efforts to obtain information from reliable sources, we make no representations or warranties as to the accuracy, reliability, or completeness of third-party information presented herein. Any third-party trademarks appearing herein are the property of their respective owners. At certain places on this website, live ‘links’ to other Internet addresses can be accessed. 10 Point does not endorse, approve, certify, or control the content of such websites, and does not guarantee or assume responsibility for the accuracy or completeness of information located on such websites. Any links to other sites are not intended as referrals or endorsements, but are merely provided for convenience and informational purposes. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
