TERMS & CONDITIONS 

Welcome to www.excolerepartners.com. The information offered by Excolere Equity Partners, LLC and its affiliated entities (together, “Excolere”) on this website (the “Site”) is subject to the terms and conditions set forth herein (these “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise these Terms and Conditions at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.

 

The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Excolere. If you do not meet all of these requirements, you must not access or use the Site.

 

1. PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS. The information presented on or through the Site is made available solely for informational purposes in relation to Excolere and its financing capabilities for prospective portfolio companies. Excolere does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Excolere disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

 

The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the content provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or similar investment. You understand that none of the content of the Site constitutes a recommendation that you or any other person purchase, sell or hold any security, company, investment product or similar investment, or that you should pursue any investment strategy, and the content of the Site is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any content provided in connection with the Site.

 

2. REGULATORY DISCLOSURES. Excolere does not solicit or make its services available to the public. The content provided on or through the Site may include information regarding past and/or present portfolio companies or investments managed by Excolere, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. Current and previous portfolio companies listed on the Site are not to be considered a complete list of all investments historically made by Excolere. The portfolio companies listed should not be assumed to have been profitable. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.

 

Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Excolere as of the date such statements were made. None of Excolere or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.

 

Excolere is registered with the U.S. Securities and Exchange Commission as an investment adviser, which does not imply a certain level or skill or training.

 

3. COPYRIGHTS AND TRADEMARKS. No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written approval of Excolere, except as provided herein. The compilation of all content on the Site is the exclusive property of Excolere and is protected by U.S. and international copyright and other laws. All software used on the Site is the property of Excolere or its software suppliers and is protected by U.S. and international copyright and other laws.

 

By entering the Site you acknowledge and agree that each name, logo, trademark, service mark, or tradename contained on the Site is owned or licensed by Excolere (or otherwise used by Excolere with permission) and may not be used by you without the prior express written approval of Excolere. Information or images of places or people are either the property of Excolere or used on the Site by Excolere with permission. Your use of any such materials is prohibited unless specifically permitted by Excolere. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy, and publicity rights.

 

4. RESTRICTED USE OF SITE MATERIALS. Excolere grants you a limited license to access and use the Site for your personal use only. Also for your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the approval or limited license granted by Excolere. Excolere reserves all other rights.

 

5. LINKING, POSTING, AND TRANSMITTING. Although Excolere provides the information accessible on the Site for your personal, non-commercial use, Excolere retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written approval of Excolere, you MAY NOT do any of the following: (A) hyperlink to the Site, whether to its homepage or to an interior page; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Excolere reserves all other rights.

 

Do not transmit to the Site or to any Excolere personnel, (A) any pornographic, obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications or (B) 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 Excolere, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Excolere personnel, Excolere and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

 

Although the Site may be linked to other sites upon permission, Excolere 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 Excolere has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. You further acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.

 

6. DISCLAIMERS. While Excolere makes all reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Excolere makes no warranties or representations as to the accuracy of the Site. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. EXCOLERE FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENTS WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

 

7. LIMITATIONS ON LIABILITY. Excolere does not assume any liability or responsibility for the Site or its contents. To the fullest extent permitted by law, Excolere is not liable to you or anyone else for any claim of any nature whatsoever based on (1) the Site or its contents, including any decision made or action taken in reliance on the content or any feature of the Site or (2) your breach of any provision of these terms and conditions. By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, exemplary or punitive damages, or any other liabilities, losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site, regardless of the theory of liability, whether tort (including negligence of any kind), contract or any other legal or equitable theory, even if advised of the possibility of the damages or if the damages could have been foreseen.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

8. TERMINATION. You acknowledge and agree that Excolere may terminate your access to the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Excolere. Any such termination shall be in Excolere’s sole discretion and may occur without prior notice, or any notice. Excolere further reserves the right to terminate any user’s access to the Site for any conduct that Excolere, in its sole discretion, believes (A) is or may be directly or indirectly harmful to other users, to Excolere or its affiliates or business contractors, or to other third parties or (B) violates any local, state, federal, or foreign laws or regulations.

 

9. INDEMNIFICATION. You agree that you will be solely responsible for, and that you will defend, indemnify and hold harmless Excolere, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives, as well as Excolere’s licensors and other third-parties with which Excolere contracts, harmless from and against any and all claims, demands, actions, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions or otherwise resulting from your use of the Site. Excolere reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Excolere for all liabilities, losses or damages. You agree to provide Excolere with whatever cooperation it reasonably requests.

 

10. APPLICABLE LAW AND JURISDICTION. By visiting the Site, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Excolere. Excolere may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such court.

 

11. USER SUBMISSIONS. By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or Excolere, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to Excolere may be used by Excolere, anywhere, anytime, and for any reason whatsoever.

 

12. PRIVACY POLICY. In addition to these Terms and Conditions, your use of and access to the Site is also subject to our Privacy Policy (the “Privacy Policy”), and our California Electronic Communications Privacy Policy (the “California Privacy Policy”), which are incorporated by reference herein, as applicable. Our Privacy Policy and our California Website Privacy Policy contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You agree that you have read, agreed to and understand our Privacy Policy and our California Website Privacy Policy, as applicable.

 

13. SEVERABILITY. Should any of the Terms and Conditions be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.

​

​

​PRIVACY POLICY 

1. Introduction

Excolere Equity Partners and its affiliated entities (together, “Excolere” and referred to in this Privacy Policy using the pronouns “we,” “us” and “our”) is committed to respecting your personal privacy and recognizes that you may be concerned about the information you provide to us and how we treat that information.

This Privacy Policy has been established to inform you of our practices for collecting, using, maintaining, protecting, and disclosing information that we obtain from you in connection with your use of this website and its sub-pages (the “Site”), whether through a personal computer, mobile device, or otherwise. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the terms and conditions of this Privacy Policy. Please read them carefully. This Privacy Policy is incorporated into, and part of, the Terms and Conditions, which govern your use of the Site in general.

​

2. What is Personally Identifiable Information?

Personally identifiable information (“PII”) is information about an individual, which may include first and last name, physical street address, email address, telephone number, Social Security number, payment card information, birth date, employment history, veteran status, certain health related data, passport information and photographs, or any other information that permits a specific individual to be contacted physically or online or otherwise personally identified. PII does not include aggregated information that does not allow a person in possession of such information to identify you individually.

​

3. The Personal Information We Collect and How We Use It

We may collect various types of information from users of this website. For example, knowing how users use our website – tracking their movement through this website – helps us improve website design and usefulness. As a result, Excolere’s server collects general data pertaining to users, including the length of time spent on this website, the pages accessed while visiting the website and Internet Protocol (IP) addresses. Excolere generally does not, however, collect any personally identifiable information such as names, home addresses or e-mail addresses from users of this website, unless a user submits such information to us via our “Contact” page. In addition, when you use the Site a “cookie” may be used, as further described below.

​

4. Sharing of PII

To the extent that you provide us with any personally identifiable information through or in connection with this website, we may use such information for Excolere’s business purposes, but will not disclose any personally identifiable information about you to anyone, except as permitted or required by law or regulation and to service providers. In providing personally identifiable information to Excolere you consent to Excolere’s use of such personally identifiable information for the purposes described in this Privacy Policy.

​

5. Use of Cookies

In common with many websites, we or our service providers may use “cookies” in connection with your access to, and use of, the Site. A “cookie” is a small data file that can be placed on the hard drive of your computer and helps us to enhance your use of the Site. The only cookie we use is stored only in temporary memory of your device and is deleted when you close the web browser used to access the site. You can delete cookies at any time, or you can set your browser to reject or disable cookies. The only cookie we use checks whether your web browser is set to allow or reject cookies and is used to ensure the Site functions correctly and operates efficiently when you use it, and does not otherwise collect PII or track your use of other websites or online activity.

​

6. Capacity

You represent to Excolere that you have the authority to visit this website according to the Terms and Conditions. The Site is only intended for individuals who are at least 18 years of age. We do not knowingly encourage or solicit visitors to our Site who are under the age of 18 without parental consent. If we learn we have collected or received PII from an individual under the age of 18, we will delete that information.

​

7. Security

We implement security measures designed to protect any PII submitted by or collected from you from unauthorized access. We further protect your PII from potential security breaches by implementing certain technological security measures in accordance with generally accepted industry practices. However, these measures do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software. By using the Site, you acknowledge that you understand and agree to assume these risks.

​

8. Unsubscribe, Access, Questions and Further Information

You will have an opportunity to unsubscribe from our marketing email communications whenever such email communications are sent.

​

9. Data Retention

We may retain PII we collect from you and PII you provide to us in connection with our internal record-keeping policies and as reasonably necessary to comply with our legal obligations and regulatory requirements, resolve disputes, prevent fraud or abuse, and enforce our Privacy Policy and Terms and Conditions.

​

Notwithstanding the foregoing, information we collect from you and information you provide to us may be retained for a limited period of time if requested by a governmental authority.

​

10. Links

The Site may contain links or references to other websites outside of our control. Please be aware that we have no control over these sites and this Privacy Policy does not apply to these sites. We encourage you to read the privacy policies/statements and terms and conditions of linked or referenced sites that you enter.

​

11. Changes to Our Privacy Policy

We may amend and update this Privacy Policy from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. The date the Privacy Policy was last revised is identified at the top of the page. Your continued access of the Site following the posting of changes to this Privacy Policy constitutes your acceptance and agreement to the changes. If you object to any of the changes to this Privacy Policy, please cease accessing the Site. Please check this page frequently and review any changes to this Privacy Policy carefully so you are aware of any changes, as they are binding on you.

​

12. Contact Information

If you have questions or concerns regarding this Privacy Policy, please contact us by emailing us at ir@excolerepartners.com.

​​

​

CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY POLICY 

This California Electronic Communications Privacy Policy supplements the Privacy Policy with respect to specific rights granted under the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA. Information required to be disclosed to California residents under the CCPA regarding the collection of their personal information that is not set forth in this CCPA supplement is otherwise set forth in the Privacy Policy. To the extent there is any conflict with the privacy requirements under the Gramm-Leach-Bliley Act and/or Regulation S-P (“GLB Rights”), GLB Rights shall apply.

​

What does this Electronic Communications Privacy Policy apply to?

This Electronic Communications Privacy Policy applies solely to your interactions with us through our Website (as defined below). If you provide personal information to us through another means (e.g., as an employee or seeking employment, as a client, or as an investor) you will receive a separate privacy notice and that notice will govern that personal information.

​

What information do we collect about you?

We collect limited types of personal information through our website and investor reporting portals, as well as through other electronic communications (e.g., emails or social media messaging), as applicable (collectively, the “Website”). The types of personal information we collect about you depends on the nature of your interaction with us. The categories of personal information we have collected from individuals on this Website over the last twelve (12) months include the following:

• Identifiers, such as name, contact details and address (including physical address, email address and Internet Protocol address);

• Other customer records, such as telephone number and personal information provided in connection with obtaining account access;

• Commercial information, such as account data;

• Professional or employment-related information;

• Education information;

• Internet or other electronic network activity information, such as information regarding your use of our Website (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.

We do not knowingly collect or solicit personal information from anyone under the age of 18.

​

How do we obtain your personal information?

In connection with forming and operating our Website, we collect and maintain your nonpublic personal information from the following sources:

• Information from your communications with us in connection with this Website, including any update notices provided by you.

• Information captured on our Website, including registration information, information provided through online forms and any information captured via cookies.

We may combine personal information that you provide to us with information that we collect from or about you from publicly available sources. This will include information collected in an online or offline context.

​

How do we use your personal information?

We will use your personal information for one or more of the following business purposes:

• To perform services for you.

• To improve our Website and the products and services that we offer and notify you about changes to our products and services.

• To communicate with you, including responding to requests for information submitted by you through our Website.

• To keep a record of your relationship with us.

• For ongoing operations, administrative, accounting, reporting, account maintenance and other processes.

• To audit and verify the quality and effectiveness of our services and compliance.

• To detect security incidents and to protect against malicious, deceptive, fraudulent, or illegal activity.

• To generally comply with U.S., state, local and non-U.S. laws, rules and regulations.

Additionally, we may use your personal information to keep you informed of our products and services, if you have provided your consent to us doing so or where we have an existing relationship with you and we wish to contact you about products and services similar to those which we provide you, in which you may be interested. You may opt-in to certain kinds of marketing, or all forms of marketing at any time, by contacting us and you may unsubscribe to receiving emails by clicking on the “opt-out” or “unsubscribe” link provided in all our marketing emails.

​

Who do we share your personal information with?

We do not sell any of the personal information we collect about you to third parties.

We do not disclose any nonpublic personal information about you to anyone, except as permitted or required by law or regulation and to affiliates and service providers, including but not limited to administrators, lenders, banks, auditors, law firms, governmental agencies or pursuant to legal process, self-regulatory organizations, consultants and placement agents. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

​

Within the last twelve (12) months, we have shared each of the categories of personal information collected in connection with this website with affiliates and service providers as set forth above in

​

“What information do we collect about you?”

We may also share your personal information with applicable third parties in the event of a reorganization, merger, sale, acquisition, assignment, bankruptcy proceeding, or other disposition of all or a portion of our business, assets or shares.

​

How do we keep your personal information secure?

We consider the protection of sensitive information to be a sound business practice, and to that end we employ appropriate organizational, physical, technical and procedural safeguards, which seek to protect your personal information in our possession or under our control to the extent possible from unauthorized access and improper use.

​

Your rights under the CCPA

Deletion Rights: You have the right to request that we delete any of your personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

​

Disclosure and Access Rights: You have the right to request that we disclose to you certain information regarding our collection and use of personal information specific to you over the last twelve (12) months. Such information includes:

• the categories of personal information we collected about you;

• the categories of sources from which the personal information is collected;

• our business or commercial purpose for collecting such personal information;

• the categories of third parties with whom we share the personal information;

• the specific pieces of personal information we have collected about you; and

• whether we disclosed your personal information to a third party, and, if yes, the categories of personal information that each recipient obtained.

​

No Discrimination: We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

​

How to Exercise Your Rights: To exercise any of your rights under the CCPA, or to access this notice in an alternative format, please submit a request on your behalf using any of the methods set forth in the Contact us section below.

​

Contact us

For any requests relating to the exercise of your rights under the CCPA, or questions regarding our processing of your personal information, please submit or have your authorized representative submit a request at the following address: ir@excolerepartners.com.

​

We will contact you to confirm receipt of your request under the CCPA and request any additional information necessary to verify your request. We verify requests by matching information provided in connection with your request to information contained in our records. Depending on the sensitivity of the request and the varying levels of risk in responding to such requests (for example, the risk of responding to fraudulent or malicious requests), we may request further information or your investor portal access credentials, if applicable, in order to verify your request. You may designate an authorized agent to make a request under the CCPA on your behalf, provided that you provide a signed agreement verifying such authorized agent’s authority to make requests on your behalf, and we may verify such authorized person’s identity using the procedures above.

​

Our goal is to respond to any verifiable consumer request within forty-five (45) days of our receipt of such request, but in certain cases, additional time might be required. Please contact us at ir@excolerepartners.com with any questions about this California Electronic Communications Privacy Policy.

​