Terms of Service

GENERAL

This website is provided by Kintsugi Capital Partners LLC (“Kintsugi”). By accessing and using this website, you accept and agree to be bound by these Terms of Use (these “Terms”). You should read these Terms carefully and we suggest that you review these Terms periodically for changes. If you do not accept and agree to be bound by these Terms, do not access or use this website. Kintsugi may update or modify this website at any time and your continued use after any such update or modification will constitute your acceptance of and agreement to be bound by these Terms as so updated or modified. Kintsugi may, at its discretion, discontinue any of the content of this website, or any portion thereof, with or without notice.

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INFORMATIONAL PURPOSES ONLY

This website, including information regarding Kintsugi’s current and historical investments, is for informational purposes only, and is intended only for management executives and individuals who may seek employment and / or partnerships with Kintsugi. This website is not to be used or relied upon for any investment purpose whatsoever. For avoidance of doubt, this website is not for existing or potential investors in any private fund managed by Kintsugi (a “Fund”).

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INVESTMENTS

This website may include information regarding Kinstugi’s current and historical investments and certain processes and strategies used in the past by Kinstugi and/or its investments. Past performance is not a guarantee of future results and there can be no assurance that any present or future investment will achieve comparable results or be able to implement a desired strategy or objective. Further, there can be no assurance that any investor in a Kintsugi owned company would not lose any or all of their invested capital. Investments described on this website are for potential management executives only and do not necessarily represent all investments made by Kintsugi or its active partners.

References to purchase prices (whether in connection with a purchase or sale of an investment or aggregate purchase price information with respect to a group of investments) may not reflect the actual performance of such individual company or group of companies. Detailed performance information with respect to individual company investments is not displayed on this website and no inference should be made with respect to the performance of any individual company or group of companies. Company investments by Kintsugi were made across multiple partners during different economic cycles.

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NO OFFER OR ADVICE

This website does not constitute an offer to sell or a solicitation of an offer to buy any securities, services or products, and may not be relied upon in connection with any offer of sale of securities. An offer or solicitation will be made only through a final private memorandum, agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.

The information on the website is provided to you with the understanding that Kinsugi’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors.

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NO WARRANTIES

This website is provided on an “as is” basis with no warranties of any kind. While Kintsugi makes reasonable efforts to ensure that this website is secure, Kintsugi does not guarantee the security of the website. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this website may not be secure. Kintsugi does not warrant that the information on the website is accurate, reliable, current or correct, that this website will be available at any particular time or location or that this website is free of viruses or other harmful components or will operate “error free.” Kintsugi disclaims all warranties, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose or non-infringement. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.

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FORWARD-LOOKING STATEMENTS

Certain information on this website may contain forward-looking statements. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify such forward-looking statements. Forward-looking statements are inherently uncertain and changing factors, such as those affecting the markets generally or those affecting particular industries, may cause events or results to differ from those discussed on this website. As a result, reliance should not be placed on such statements or the conclusions drawn therefrom. Kintsugi undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future developments or otherwise.

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LINKED SITES

This website may provide links to websites operated by other entities. In addition, third-party sites may be linked to this website, with or without Kintsugi’s consent. Kintsugi does not review or monitor any websites linked from or to this website and is not responsible for the content of any such websites. Accordingly, Kinsuigi cannot be held responsible for the information, materials, products or services obtained on or from such other websites, nor will Kintsugi be liable for any damages arising from access to such websites. Any links from or to other websites are provided merely for the convenience of users of this website and the inclusion of these links does not imply an endorsement, representation or warranty by Kintsugi with respect to any such linked websites or the content, products or services contained or accessible through such websites or their operators. Your choice to follow links from or to such websites is at your sole risk. If you link other websites to this website, you may not imply or suggest that Kintsugi has endorsed or is affiliated with such websites, and you may not display this site as “framed” within another website. Kintsugi reserves the right to terminate any link or linking program at any time. Similarly, links or copies of third party articles regarding Kintsugi, its affiliates or its investments have generally been prepared without the input of Kintsugi and are provided for convenience purposes only. By inclusion on this site, Kintsugi does not represent or warrant the accuracy of such information or take responsibility for its content. Kintsugi disclaims responsibility for the privacy policies and customer information practices of third-party websites linked from or to this website.

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OWNERSHIP; INTELLECTUAL PROPERTY

All content on this website, such as documents, charts, graphics and other materials, is the property of Kintsugi. The Kintsugi trademarks (whether registered or unregistered), service marks, images, logos and copyrighted material used and displayed on this website, including, without limitation, “Insights” (the “Intellectual Property”), are the property of Kintsugi. Other Intellectual Property may be owned by other parties, which may or may not be affiliated with Kintsugi. Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content or Intellectual Property on this website without the written permission of Kintsugi or such other third party that may own any Intellectual Property displayed on this website. Any unauthorized use of the materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All rights not expressly granted are reserved.

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RESTRICTIONS ON USE

This website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations in connection with accessing and using this site. Kintsugi has the right, but not the obligation, to monitor any activity associated with the website. Kintsugi may investigate any complaint or reported violation of these Terms and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service and denying access and/or removal of materials from the website.

Kintsugi reserves the right to remove anything that violates these Terms or is otherwise objectionable and to report to appropriate law enforcement officials, regulators or other third parties any activity that it suspects violates any law or regulation. In order to cooperate with governmental requests, to protect Kintsugi’s systems or to ensure the integrity and operation of Kintsugi’s business, Kintsugi may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Kintsugi does not grant, by implication, estoppel or otherwise, any license or right to use material on this site other than as set forth above, and you shall not make any other use of such material without Kintsugi’s written permission. Any person using this website is not permitted to decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this website. You may not publish, broadcast, retransmit, reproduce, repackage, commercially exploit, create any derivative of or otherwise redistribute all or any portion of this website except as explicitly permitted by these Terms.

You agree to access this website and use the information contained therein solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the website in any manner that could compete with the business of Kintsugi or its investments.

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LIMITATION OF LIABILITY; INDEMNITY

Kintsugi’s liability is limited to the maximum extent permitted by law and is limited even if Kintsugi has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction. In no event shall Kintsugi or its affiliates, or any of their respective partners, shareholders, members, managers, officers, directors, employees, agents (collectively, the “Kintsugi Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, exemplary, punitive, multiple, consequential or other damages, however caused, arising out of your use of (or inability to use) this website. You understand and agree that your use of this website is predicated upon your waiver of any right to sue Kintsugi or the Kintsugi Parties directly or to participate in a suit for any losses or damages resulting from your use of this website. In exchange for accessing this website, you agree to indemnify and hold Kintsugi and the Kintsugi Parties harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising directly or indirectly from your use of this website, from your violation of these Terms or from any decisions that you make or actions you take based on such information. Notwithstanding the foregoing, nothing contained in these Terms shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

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COMPLIANCE WITH APPLICABLE LAW

Unless otherwise expressly set forth herein, Kintsugi makes no representation that information or materials on this website are appropriate or available for use in any particular location. The information or materials provided in, or accessible through, the website are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject Kintsugi to any registration or other requirement within such jurisdiction or country. Kintsugi reserves the right to limit access to the site to any person, geographic region or jurisdiction. Unless otherwise expressly set forth herein, Kintsugi makes no representations that transactions, products or services discussed on, or accessible through, this website are available or appropriate for use in all jurisdictions or by all users, or that access by any user in the jurisdiction in which such user is located is not illegal or prohibited. If it is illegal or prohibited in your country of origin to access or use this website, then you should not do so. Those who choose to access this website do so of their own initiative and are responsible for compliance with local laws. You may not use or export the information or materials on the site, or accessible through the site, in violation of U.S. laws and regulations.

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WEBSITE PRIVACY NOTICE

Please review our Website Privacy Notice to learn about information we collect and measures we take to preserve the privacy and security of your information. The Website Privacy Notice is available on this website and forms a part of these Terms.

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ENTIRE AGREEMENT

These Terms represent the entire agreement between you and Kintsugi relative to this website and supersede any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revisions of these Terms posted by Kintsugi (provided, however, that any such revised posting shall take effect prospectively from the date of such posting).

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GOVERNING LAW; SEVERABILITY

These Terms shall be governed by the laws of the State of Illinois. Any dispute relating to these Terms shall be brought solely in the state or federal courts located in Chicago, Illinois, and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived. If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions. The failure of Kintsugi to enforce the strict performance of any provision of these Terms shall not be a waiver by Kintsugi of its right to subsequently enforce such provision or any other provision or provisions of these Terms.

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