TERMS OF USE

 

This website at www.PainswickCapital.com (this “Site”) is operated by Painswick Capital Management LP (“Painswick,” “we,” “our,” “us”), an investment firm focused on high-performing middle market companies within the single-asset continuation vehicle market.

By accessing this Site, you affirm your agreement to these terms of use (“Terms”). We may modify these Terms from time to time, and your continued use of this Site after we post such modifications will confirm your acceptance of these Terms, as modified. If you do not agree with any provision of these Terms, you are not permitted to access or use the Site.

License

We grant you a limited license, subject to these Terms, to access and use this Site. You may not assign, transfer or sublicense this license. We may revoke this license at any time. All rights not expressly granted to you in these Terms are reserved by us.

For Information Only

The information contained on this Site is for informational purposes only, intended for individuals who wish to learn in general terms about our business or its investments.  No information on this Site constitutes investment, legal, tax or other advice nor is it to be relied upon in making any investment decision.

No Offer or Solicitation

The information contained on this Site does not constitute a distribution, an offer to sell, a solicitation of an offer to buy, or a recommendation of any securities, investment products, or investment strategies . In particular, the information herein is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities in the United States (“US”) to or for the benefit of any US person (being residents of the US or partnerships or corporations organized under the laws of the US) nor in any other country.  

Private Placements

Investments in any fund or vehicle sponsored by Painswick or any of its affiliates may only be made on the basis of and pursuant to the current applicable offering, subscription and governing documents) for the relevant fund and will be subject to the terms and conditions contained therein. Any securities or investment opportunities that may be referenced are intended to be offered and sold only through private placements to qualified institutional buyers, accredited investors, or other sophisticated investors who meet applicable regulatory requirements. Such investments typically involve substantial risks and are suitable only for investors who can afford to lose their entire investment.

Professional Advice Required

Before making any investment decision, prospective investors should conduct their own investigation and analysis, consult with their own professional advisors (including legal, tax, and financial advisors), and carefully review all relevant offering documents and agreements.

No Regulatory Approval

Neither this Site nor any information contained herein has been approved or disapproved by the Securities and Exchange Commission, any state securities commission, or any other regulatory authority, nor have any of the foregoing authorities passed upon the accuracy or adequacy of this information.

Forward-Looking Statements

This Site may contain forward-looking statements regarding our investment strategies, portfolio companies, or market conditions. Such statements are subject to risks and uncertainties and actual results may differ materially from those projected. Any information on this Site pertaining to past performance is for illustrative purposes only and should not be construed as a representation as to the performance of any fund sponsored by Painswick or any investment therein. Past performance is not a guarantee or indicative of future results.

Jurisdictional Restrictions

Due to the global nature of the internet, this Site may be accessed by users outside of the United States. Painswick makes no representation or warranty that the material on this Site is appropriate for use outside the United States. If it is illegal or prohibited in any jurisdiction to access this Site or the information contained on it, then you should not access it from such jurisdiction.

No Representations or Warranties; Limitation of Liability

THIS SITE IS FURNISHED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Painswick and its affiliates and subsidiaries, and their respective officers, members, employees and partners, do not assume any liability for any loss or damage of any kind, whether direct or indirect, arising out of or related to your use of this Site or any of the information provided on this Site. Painswick’s liability is limited to the maximum extent permitted by law, even if Painswick has been advised of the possibility of any damage or injury you suffer, including any damages, defect, interruption, delay in operation, computer virus, data loss, line failure or other computer malfunction.

Proprietary Rights

We and/or our licensors own all right, title and interest in the Site, including all intellectual property rights inherent therein or appurtenant thereto. The entire Site is subject to copyright with all rights reserved. “PAINSWICK,” “PAINSWICK CAPITAL MANAGEMENT,” and all associated logos are trademarks of Painswick or our licensors. The information contained on this Site may not be published, rewritten for broadcast or publication or redistributed in any medium without our written permission.

Age Requirement

This Site is intended for use by adults. You represent that you are at least 18 years of age.

Restrictions

In using the Site, you warrant and covenant that you will not:

  • violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any securities exchange requirements (“Applicable Laws”);

  • act in a manner that violates any contractual or fiduciary obligations or third party rights or infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights of any third party;

  • violate or attempt to violate the security of the Site;

  • reverse engineer, decompile or disassemble any portion of the Site;

  • use the Site in a manner that, or provide, share, display or generate any content that: promotes unlawful activities; is harmful, threatening, fraudulent, deceptive or misleading; constitutes harassment, abuse, discrimination, hate speech, libel, defamation, pornography or obscenity; or violates anyone’s rights of privacy or publicity or other rights;

  • impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

  • “scrape” information from the Site by automated means; or

  • interfere with the ability of others to use the Site.

Without limitation of the foregoing, you acknowledge that the license set forth above does not permit, without our prior written consent: (1) any resale or commercial use of the Site; (2) the distribution, public performance or public display of all or any portion of the Site; (3) modifying or otherwise making any derivative uses of the Site; (4) downloading (other than the page caching) of any portion of the Site; (5) using the Site in connection with the training, development, or operation of any machine learning or artificial intelligence model or tool; or (6) otherwise using the Site for other than its intended purpose.

Privacy

For more information about how we collect, use, secure and disclose data pertaining to individuals in connection with your use of this Site, please see our Privacy Policy, which is incorporated into these Terms.

Links

This Site may contain links to websites operated by other parties. Painswick does not control or endorse the content of such websites. Any such links are provided for your reference only.

Testimonials

We may from time to time post testimonials of current and former managers on the Site. Any such testimonials are provided solely to give context to the relationship that Painswick develops with its investors. They are individual experiences, reflecting their own engagement and results with Painswick. Past performance is no guarantee of future results and individual experiences will vary. The managers are not “clients” under the Investment Advisers Act of 1940. No cash or non-cash compensation has been provided for these testimonials. There may be material conflicts of interest in providing these testimonials given that these managers are generally incented (or have in the past been incented) by the performance of the investments, and they should be read in light of such conflicts.

Governing Law; Venue; Waivers

These terms of use shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. Any dispute relating to these terms of use shall be brought solely in the state or federal courts located in Delaware, and you agree that such courts shall have jurisdiction over you and us in connection with any such dispute. You hereby waive trial by jury in any such action related thereto. YOU AGREE TO BRING ANY CLAIM SOLELY IN YOUR INDIVIDUAL CAPACITY AND YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY CLAIM AS PART OF A GROUP OR AS A CLASS ACTION.

General Terms

If, for any reason, a court of competent jurisdiction finds any provision in these terms and conditions unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms of use, and the remainder of the provisions shall continue in full force and effect. The failure by Painswick to act with respect to a breach of these terms of use by you or any other person does not constitute a waiver and will not limit Painswick’s rights with respect to such breach or subsequent breaches.

Contacting Us

If you wish to communicate with us regarding these Terms, please contact us at:

Painswick Capital Management LP

520 Madison Avenue, 40th FL

New York, NY 10022

Email: info@painswickcapital.com

Tel:        1-646-580-6960