Thank you for visiting the Battle Capital website (the “Site”).

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You are presently in www.battlecapital.com, the proprietary website for Battle Capital. The information presented by Battle Capital on its behalf and on behalf of its affiliates (collectively “Battle Capital”) on this website is subject to the limitations, terms and conditions set forth herein (the “Terms & Conditions”). These Terms & Conditions apply to all users. By entering and using the Site, and/or by transmitting any information to the Site, you hereby acknowledge and agree to all of these Terms & Conditions. Accordingly, please read these Terms & Conditions carefully. If you do not understand or agree to these Terms & Conditions, do not access the Site. Any use of the Site in a manner inconsistent with these Terms & Conditions is deemed unsanctioned access and may subject you to civil or criminal penalties. Battle Capital reserves the right to add or remove portions of these terms at any time. Therefore, Battle Capital suggests that users periodically review the Site’s Terms & Conditions.

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1. NO ADVISORY SERVICES

 

Neither this communication nor any of the information presented on the Site is intended as an offer to sell, or the solicitation of an offer to purchase, any security. The offering and sale of securities can only be made by a definitive offering memorandum. Any such offer or solicitation with respect to any securities that may be issued by Battle Capital will be made in accordance with the relevant securities and other laws of applicable jurisdictions.

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2. FORWARD-LOOKING STATEMENTS

 

Statements included herein may constitute “forward-looking statements,” which relate to future events or Battle Capital’s future performance or financial condition. These statements can be identified by the use of terminology such as “may”, “will”, “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend”, “continue” or “believe”. Actual results and condition may differ materially from those in the forward-looking statements as a result of a number of factors, including those described from time to time in Battle Capital’s filings with the Securities and Exchange Commission. These statements are not guarantees of future performance, conditions or results and should not be relied upon in making investment decisions. Battle Capital makes no assurance that its future performance will match its expectations. Due to various risks and uncertainties, actual events or results or the actual performance of any Battle Capital fund may differ materially from those reflected or contemplated in such forward-looking statements.

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3. TRADEMARKS & COPYRIGHTS

 

No portion of the Site, including without limitation, text, images, graphics and/or other media, may be used in any manner, or for any purpose, without the prior, express, written approval of Battle Capital, except as specifically provided herein. The Site and all of its contents are the exclusive property of Battle Capital, and are subject to applicable U.S. and international copyright and other intellectual property protection laws. Furthermore, all software used on the Site is the property of Battle Capital or its software suppliers and is similarly protected by applicable U.S. and international laws.

By entering and using the Site, you acknowledge and agree that each name, logo, trademark, service mark, trade name, information or images contained on the Site is owned or licensed by Battle Capital (or otherwise employed by Battle Capital with permission) and may not be used without the prior, express, written approval of Battle Capital. Battle Capital reserves all rights to enforce its intellectual property rights to the fullest extent of the law. Any unauthorized use of such materials may subject you to penalties, damages and/or regulatory enforcement actions.

 

4. RESTRICTIONS ON USE OF SITE INFORMATION

 

Battle Capital hereby grants you a limited license to access the Site for personal, non-commercial use only, including printing copies of information from the Site, and storing information from the Site on your own computer, unless and until such actions are subsequently prohibited by Battle Capital via revisions to these Terms & Conditions. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the approval and limited license granted by Battle Capital. You may not distribute, modify, transmit, reuse, repost, or use the content of this website, including any text, images, audio or video, for public or commercial purposes, without Battle Capital’s prior written permission. Modification or use of the materials for any other purpose violates Battle Capital’s intellectual property rights. Battle Capital neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Battle Capital. Any and all other pertinent rights are expressly reserved by Battle Capital.

 

5. WEBSITE POSTING, TRANSMITTING & LINKING

 

Without the prior, express, written approval of Battle Capital, you may not do any of the following: (i) establish a hyperlink to the Site from any other website; (ii) include information from the Site on another website, on a server computer, or in written or digital documents; (iii) modify or re-use the information from the Site in a manner prohibited herein; (iv) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site, or (v) impersonate any person or entity or misrepresent your affiliation with any person or entity.

 

You may not transmit to the Site or to any Battle Capital personnel, (i) any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (ii) any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Battle Capital, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Battle Capital personnel, Battle Capital and such other parties assume no responsibility or liability that may arise from the content thereof.

Although the Site may be linked to other sites upon permission, Battle Capital is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site, you acknowledge and agree that Battle Capital may not have reviewed all the webpages that are, or may be in the future, linked to the Site, and is accordingly not responsible for the content of any webpages that are linked, either directly or indirectly, to the Site. You further acknowledge and agree that when you follow links to webpages not controlled or affiliated by/with the Site, you do so at their own risk.

 

6. DISCLAIMER

 

The information on the Site is provided for informational purposes only. Battle Capital reserves the right to change and correct the Site at any time, without notice. While Battle Capital undertakes reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Battle Capital thus makes no warranties or representations as to the accuracy of the Site. THEREFORE, THE SITE AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO USERS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AN IMPLIED WARRANTY OF MERCHANTABILITY, APPROPRIATENESS FOR A SPECIFIC PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.

 

7. LIABILITY LIMITATIONS

 

By entering and using the Site, you acknowledge and agree that you do so at your own risk and that none of the parties involved in developing, producing, delivering and managing the Site is liable for any harm or damages of any nature, including but limited to, liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, by accessing, browsing and/or using the Site, or by downloading or transmitting any text, images or other media to or from the Site.

 

8. USER SUBMISSIONS

 

By entering the Site, you acknowledge and agree that any communication or material that you transmit to the Site or to Battle Capital, in any manner and for any reason, will not be treated as confidential or proprietary, unless a document specifically addressing the confidentiality of a given transmission has been previously executed among the parties. Furthermore, you acknowledge and agree that any materials which you transmit to Battle Capital may be used by Battle Capital, anywhere, anytime, and for any reason whatsoever.

 

9. PASSWORDS

 

When you register with the Investor Portal or other private section of the Site, you will be asked to supply a username and password. You should keep your username and password confidential, and are responsible for all use of your personal account login information. Notify Battle Capital immediately if you become aware of any disclosure, loss, theft or unauthorized use of your username and/or password.

 

10. WAIVER

 

No waiver by Battle Capital of any right under or term or provision of these Terms & Conditions will be deemed a waiver of any other right, term or provision of these Terms & Conditions at that time or a waiver of that or any other right, term or provision of these Terms & Conditions at any other time.

 

11. TERMINATION

 

You acknowledge and agree that Battle Capital may terminate, change, suspend or discontinue your access to the Site should you fail to comply with any of these Terms & Conditions. Any such determination shall be in Battle Capital’s sole and absolute discretion and may occur without prior notice, or any notice. Battle Capital further reserves the right to terminate your access to the Site for any conduct that Battle Capital, in its sole and absolute discretion, deems (i) is or may be directly or indirectly harmful to other users, to Battle Capital, its affiliates, other business associates, and/or to other third parties, or (ii) violates any local, state, federal, or foreign laws or regulations.

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12. DATA PROTECTION REGULATIONS

 

Battle Capital is the entity which is responsible for the control and processing of personal data that we collect from Investors and Authorized Users in connection with the subscription to our funds.

 

Battle Capital commits to implementing all necessary technical and/or organizational measures to ensure the protection of personal data from any accidental or unlawful destruction, loss, deterioration, unauthorized disclosure or access and any other unlawful form of processing.

 

Battle Capital ensures that the Investor/the Authorized Users’ personal data will only be collected, stored and processed pursuant to applicable data protection law and regulations and to the extent necessary for the purposes set out below (collectively, the “Purpose”), being to:

 

(a) process personal data for the performance, management and monitoring of Battle Capital Services;
(b) process personal data for communicating with Investors/Authorized Users and for marketing the Battle Capital Services;
(c) process personal data derived from the use of Battle Capital Services for business analytics and diagnostics; and
(d) provide personal data to third party service providers engaged by Battle Capital to provide administrative, transfer, document storage, record keeping and other functions in connection with Battle Capital Services.

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Battle Capital will process the following categories of personal data for the Purpose: name, business address, business e-mail address, job function, user name respectively login name and password, information concerning the Investor’s account and transactions with our funds including, inter alia, your trading history and statements and reports that we create for Investors. The recipients of such personal data within Battle Capital are business departments/units related to client services on a need to know basis.

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The source of such personal data originates from the information directly provided by the Investor/Authorized Users, information we create based on Investor transaction activities and information we receive from third parties including from screening databases, credit check services and identity verification services. No publicly accessible sources will be used for retrieving the categories of personal data indicated above.

 

Insofar as it concerns the data of individuals in the European Union, Battle Capital relies on the following lawful basis for the processing of Investor/Authorized Users personal data (as relevant):

(a) The fulfilment of contractual obligations to Investors for the Battle Capital Services, or in response to Investor/Authorized Users request ahead of contracting with Battle Capital, using/subscribing to the Battle Capital Services or investing in Battle Capital funds;
(b) Battle Capital’ legitimate interests in (among other things) administering and managing funds, improving and maintaining the Battle Capital Services, protecting the security or integrity of Battle Capital databases, protecting Battle Capital business or reputation, taking precautions against legal liability, dealing with Battle Capital assets in the event of a business change, protecting and defending Battle Capital legal rights or property, or for resolving disputes, investigating and attending to inquiries or complaints with respect to the Battle Capital Services or the Investor’s investment in Battle Capital funds;
(c) the Investor/Authorized User’s express consent, which may be withdrawn at any time by way of email to it@battlecapital.com; and
(d) compliance with applicable legal and regulatory obligations.

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In the course of processing the personal data of Investor/Authorized Users for the Purpose such data may be transferred to entities situated or operating in countries outside the European Economic Area which may not have data protection laws equivalent to those in the European Economic Area. Battle Capital has established appropriate safeguards for such cross-border data transfers by way of an intra-group data transfer agreement and the execution of EU model clauses as part of its standard commercial agreements with its external service providers.

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Personal data will be processed for the Purpose in a strictly confidential manner and not communicate to third parties not authorized to receive such personal data, unless disclosure of personal data is required by data protection regulation and/or regulatory authorities or with the Investor’s consent. To the extent permitted or required by applicable law, Battle Capital may disclose personal information of Investors/Authorized Users to third parties to: (i) enforce or apply the terms and conditions of Battle Capital’ agreements; (ii) protect Battle Capital legal rights, reputation, safety or property, or that of other Investors or others; (iii) protect against legal liability; (iv) establish or exercise Battle Capital legal rights and defend against legal claims; or (v) investigate, prevent or take action regarding known or suspected illegal activities, fraud, infringement of Battle Capital’ rights, damage to reputation, threats to safety or property, or those of other Investors or others, or violation of Battle Capital policies or agreements; or as otherwise required by law.

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If Battle Capital becomes involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of Battle Capital’ business otherwise changes, personal data of Investors/Authorized Users may be shared or transferred in connection with such transaction. Where appropriate, the Investor/Authorized user’s instructions and consent may be sought before sharing personal data with a third party in the context of a change of ownership or legal structure.

 

Personal data will be stored for the Purpose and for other purposes permitted by law during the time of the investor relationship and up to ten subsequent years (subject to other (local) requirements).

 

Investors/Authorized Users in the European Union have the right to request access to personal data or to request rectification, erasure, or restriction of processing of personal data as well as the right to object to the processing of their personal data. In certain circumstances, the Investor/the Authorized Users may also have the right to receive an electronic copy of selected personal data for further use by the Investor/the Authorized Users (data portability right). Any request should be sent to Battle Capital’ data protection officer at it@battlecapital.com.

 

Insofar the Investor/the Authorized Users have been asked to consent to the processing of their personal data, the Investor/the Authorized Users have the right to withdraw such consent at any time. However, such withdrawal will not have retroactive effect, and depending on the circumstances, Battle Capital may have other legal grounds to continue the processing of such personal data.

 

If the Investor/the Authorized Users believe that Battle Capital has violated or is violating their rights under data protection regulations, where applicable, the Investor/the Authorized Users have the right to lodge a complaint with a responsible data protection supervisory authority. To find a responsible data protection authority, please see https://commission.europa.eu/law/law-topic/data-protection_en.

 

The Investor hereby represents and warrants that he/she/it has obtained all necessary consents of any person that is the subject of any personal data provided to Battle Capital processing their personal data for the Purposes. The Authorized Users hereby explicitly consents to the processing of his/her personal data for the Purposes.

 

In case the Investor/the Authorized Users have any questions or requests related to data protection or their personal data, please contact Battle Capital’ data protection officer at it@battlecapital.com.

 

13. COOKIE POLICY

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The Cookie Policy specifically explains how Battle Capital, our partners, and users of our services deploy cookies. In no instance is personal data stored permanently in a cookie.

 

Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to ‘remember’ you and your preferences, either for a single visit (through a ‘session cookie’) or for multiple repeat visits (using a ‘persistent cookie’). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as ‘first party cookies’), or by third parties, such as those who serve content or provide analytics services on the website (‘third party cookies’).

 

Battlecapital.com uses cookies for a number of different purposes. Some cookies are necessary for technical reasons; some enable a personalized experience for both visitors and registered users; and some allow the display of advertising from selected third party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action (clicking the ‘like’ or ‘follow’ button on a post, for example).

 

The different categories of cookies set by Battlecapital.com are outlined below:
(a) Strictly necessary cookies are essential for Battlecapital.com to perform basic functions. These include those required to allow registered users to authenticate and perform account related functions;
(b) Functionality cookies are used to store preferences set by users such as name, language, and location;
(c) Performance cookies collect information on how users interact with websites hosted on the Website, including what pages are visited most, as well as other analytical data. These details are only used to improve how the website functions;
(d) Tracking cookies are set by trusted third party networks (e.g. Google Analytics) to track details such as the number of unique visitors, and page views to help improve the user experience; and
(e)Battlecapital.com makes use of different third party applications and services to enhance the experience of website visitors. These include social media platforms such as LinkedIn and Twitter (through the use of sharing buttons). As a result, cookies may be set by these third parties, and used by them to track your online activity. Battle Capital has no direct control over the information that is collected by these cookies.

 

14. INDEMNIFICATION

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You agree to indemnify and hold harmless Battle Capital, its members, managers, partners, officers, directors, employees, affiliates, and agents, as well as Battle Capital licensors and other third parties with which Battle Capital contracts, from and against any and all claims, demands, actions, costs or expenses (including attorney’s fees and expenses) incurred by or against such persons or entities arising out of, or resulting from (i) your use of the Site (ii) your deemed violation(s) of these Terms & Conditions, (iii) your deemed violation(s) of any rights of a third party, and/or (iv) your violation of applicable law.

 

15. JURISDICTION & GOVERNING LAW

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This website is controlled and operated by Battle Capital from its offices within the State of North Carolina, United States of America. Battle Capital makes no representation that materials on the website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials on this website in violation of U.S. export laws and regulations.

The information provided on this website is 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 which would subject Battle Capital or its affiliates to any registration requirement within such jurisdiction or country. The laws of the State of Minnesota govern these terms of use. If you take legal action relating to these terms of use, you agree to file such action only in Minnesota state courts or the United States District Court for Minnesota, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

 

16. AMENDMENTS

Battle Capital reserves the right to revise these Terms & Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site subsequent to any changes to the Site and/or these Terms & Conditions constitutes your acceptance of any such amendments.

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17. MISCELLANEOUS

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If any of the provisions of these Terms & Conditions shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable from the rest of the provisions of these Terms & Conditions and shall not affect the validity and enforceability of any of such remaining provisions of these Terms & Conditions.

 

Any section headings or titles in these Terms & Conditions are inserted for convenience only and shall have no other meaning.

 

These Terms & Conditions set forth the entire agreement and understanding between you and Battle Capital regarding its subject matter and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, agreements or other communications regarding the same subject matter.