Terms and Conditions

All website data as of 10/01/2024.

Legal Binding Agreement

These Terms and Conditions constitute a legally binding agreement between Five Elms Capital and you, the user of our website (the "Site"). By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the Site.

Right to Amend Terms

Five Elms Capital reserves the right, at its sole discretion, to amend these Terms and Conditions at any time. Any changes will be posted on the Site, and the changes will be effective immediately upon posting. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes. We encourage you to review these Terms and Conditions each time you visit the Site.

Age Requirement

The Site is intended for users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and Conditions. If you are not 18 years old or older, you must not access or use the Site.

Purpose of the Site; No Investment Advice

The information presented on or through the Site is provided solely for informational purposes regarding Five Elms Capital and its investment activities. While we strive to ensure the accuracy of the information, we do not warrant that any content on the Site is accurate, complete, or current. Any reliance on such information is at your own risk.

The Site does not provide legal, business, tax, accounting, investment, or other professional advice. You should not construe any content provided on the Site as a recommendation to buy, sell, or hold any security or to pursue any investment strategy. All decisions based on content from the Site are your sole responsibility. We recommend consulting with your professional advisors before making any investment decisions.

Regulatory Disclosures

Five Elms Capital does not solicit or offer its services to the public. Information on the Site about past or present portfolio companies is for reference only and should not be construed as a recommendation of any particular investment. Past performance is not indicative of future results. Any forward-looking statements on the Site reflect our views as of the date they are made and are subject to risks and uncertainties that could cause actual results to differ materially. We do not undertake to update any forward-looking statements.

Privacy Policies

Your use of and access to the Site is also governed by our Website Privacy Policy which is incorporated by reference into these Terms and Conditions. By using the Site, you agree to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

Ownership and Intellectual Property

All content on the Site, including text, graphics, logos, and images, is the property of Five Elms Capital or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or display any content without the express written permission of Five Elms Capital or the respective rights holder.

Third-Party Links

The Site may contain links to third-party websites that are not under the control of Five Elms Capital. We are not responsible for the content of any linked sites, and the inclusion of a link does not imply endorsement by Five Elms Capital. You access third-party sites at your own risk, and we encourage you to review the terms and conditions and privacy policies of any third-party sites you visit.

Disclaimer of Warranties

The Site and all content available on the Site are provided "as is" and "as available," without any warranties of any kind, either express or implied. Five Elms Capital disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Site will be available, secure, or free from errors.

Limitation of Liability

To the fullest extent permitted by law, Five Elms Capital shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Site or the content, even if advised of the possibility of such damages. This limitation of liability applies to all claims, regardless of whether they are based on warranty, contract, tort, or any other legal theory.

Indemnification

You agree to indemnify, defend, and hold harmless Five Elms Capital, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms and Conditions, or your infringement of any intellectual property or other rights of any third party.

Limitation on Time to File Claims

Any claim or cause of action you may have arising out of or related to these Terms and Conditions or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such claim or cause of action is permanently barred.

Awards

GrowthCap is a media brand for entrepreneurs, CEOs, and asset managers. GrowthCap assesses nominees based on written responses to questions on GrowthCap’s nomination form. The number of nominees reviewed for this recognition was not disclosed to Five Elms Capital, and therefore, it and the percentage of nominees receiving the recognition, cannot be disclosed herein. GrowthCap’s recognition is based on its own evaluation and is not indicative of Five Elms Capital’s future performance, and does not reflect the experience of, or any rating by, Five Elms Capital’s investors. Five Elms Capital pays a fee to distribute the results. There can be no assurance that other providers or surveys would reach the same conclusions as the foregoing.

The portfolio companies identified do not represent all of the investments made or recommended by Five Elms Capital and are based on the 2024 Inc. 5000 list. The investments listed show a portion of the Five Elms portfolio and are not intended to be representative of any current or future investments. A full list of Five Elms Capital’s portfolio companies can be found on www.fiveelms.com.

Miscellaneous

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without the prior written consent of Five Elms Capital. We may assign these Terms and Conditions without your consent. These Terms and Conditions do not create any partnership, joint venture, or agency relationship between you and Five Elms Capital. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action arising out of or related to these Terms and Conditions shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of such courts.

The headings used in these Terms and Conditions are for convenience only and have no legal effect. The word "including" means "including without limitation."