TERMS & CONDITIONS
1. ACCEPTANCE OF THE TERMS AND CONDITIONS; GENERAL
By using the Site, you agree to be bound by this Agreement. We may update this Agreement from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Site after any changes to this Agreement have been posted, that means you agree to all of the changes. We suggest that you review this Agreement periodically for changes.
Views expressed in posts (including podcasts, videos, and social media) are those of the individual Protagonist Management LLC personnel quoted therein and are not the views of Protagonist Management LLC or its respective affiliates. The posts are not directed to any investor or potential investor, and do not constitute an offer to sell or a solicitation of an offer to buy any securities and may not be used or relied upon in evaluating the merits of any investment. The posts are not intended to be, and must not be taken as, a basis for any investment decision.
The Site is intended solely to provide general information about Protagonist, its services, and its people. Nothing in the Site is directed at nor should be relied upon by any investors or prospective investors in any vehicle managed by Protagonist. Protagonist does not intend to solicit or make its investment advisory services available to the general public. No investment in any fund advised by Protagonist Management LLC may be made prior to your receipt of definitive offering documentation and due diligence materials. Past performance is not indicative of future results.
Under no circumstances should any information provided in the Site be considered as an offer soliciting the purchase or sale of any security or interest in any pooled investment vehicle sponsored, discussed, or mentioned by Protagonist nor should it be construed as an offer to provide investment advisory services. Such offers or solicitations will be made separately and only by means of the confidential offering documents of the specific pooled investment vehicles which should be read in their entirety, and only to those who, among other requirements, meet certain qualifications under federal securities laws. Such investors, defined as accredited investors and qualified purchasers, are generally deemed capable of evaluating the merits and risks of prospective investments and financial matters. There can be no assurances that Protagonist’s investment objectives will be achieved or investment strategies will be successful. Any investment in a vehicle managed by Protagonist involves a high degree of risk including the risk that the entire amount invested is lost.
Any investments or portfolio companies described or referred to in the Site are not representative of all investments in vehicles managed by Protagonist and there can be no assurance that the investments described are, or will be, profitable or that other investments made in the future will have similar character or results.
The contents herein — and available on all public Protagonist online social media accounts, platforms, sites (collectively, “Content Distribution Outlets”) — should not be construed as or relied upon in any manner as investment, legal, tax, or other advice. You should consult your own advisers as to legal, business, tax, and other related matters concerning any investment.
2. USE OF SERVICES
Protagonist authorizes you to view the materials from the Site, which contain, without limitation, information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics (“Content”) only for your personal, non-commercial use. You may not modify the materials from the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website, application or networked computer environment for any purpose is prohibited. We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. Any unauthorized use of any materials contained within the Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
All trademarks, service marks, trade names, and logos of Protagonist (the “Protagonist Trademarks”) used and displayed on the Site are the property of Protagonist. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Protagonist Trademarks, the “Trademarks”). Nothing on the Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Protagonist specific for each such use. The Trademarks may not be used to disparage Protagonist or the applicable third-party, Protagonist’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Protagonist’s prior written consent. All goodwill generated from the use of any Protagonist Trademark shall inure to Protagonist’s benefit.
The Content on the Site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from the Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Content without Protagonist’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site or the Content. You may not use or otherwise export or re-export the Site or any portion thereof, the Content or any software available on or through the Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site or its Content is prohibited. You may not use data retrieved from this Site to solicit users.
The Site may contain links or integrate with other websites operated by, or content provided by, thirdparties (“External Sites”). We do not have any control over such External Sites or their content and will not be liable for anything arising out of, or related to, such External Sites or their content.
We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. The existence of such link or content on this Site shall not be deemed as an endorsement of any such External Sites or the content by Protagonist. We are providing these External Sites and content to you as a convenience. You agree to release and hold Protagonist harmless from any and all liability arising from your use of any such External Sites or content.
3. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
PROTAGONIST, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AGENTS, CONTRACTORS, ADVISORS, AND LICENSORS (EACH, A “PROTAGONIST PARTY” AND COLLECTIVELY, THE “PROTAGONIST PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE PROTAGONIST PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
THE PROTAGONIST PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERRORFREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PROTAGONIST PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. FOR THE AVOIDANCE OF DOUBT, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE PROTAGONIST PARTIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR ANY CONTENT MADE AVAILABLE THROUGH THE SITE IS INTENDED TO CONSTITUTE AN OFFER TO BUY OR SELL ANY SECURITIES OR SHOULD BE INTERPRETED TO CONTAIN A RECOMMENDATION FOR OR ADVICE ON THE SALE OR PURCHASE OF ANY SECURITY OR INVESTMENT PRODUCT. PROTAGONIST ONLY PROVIDES INVESTMENT ADVISORY SERVICES TO PROTAGONIST INVESTMENT VEHICLES AND DOES NOT SOLICIT OR MAKE ITS SERVICES AVAILABLE TO THE PUBLIC. YOU ACKNOWLEDGE THAT PROTAGONIST DOES NOT PROVIDE ANY TAX, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE THROUGH THE CONTENT MADE AVAILABLE ON THE SITE. ANY DESCRIPTION OF INVESTMENT ADVISORY SERVICES AND EXPERIENCE IS NOT INDICATIVE ANY GUARANTEE OF FUTURE PROFITABILITY OR POSITIVE PERFORMANCE.
IN NO CASE SHALL ANY PROTAGONIST PARTY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICES OR THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES, THE SITE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
To the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless the Protagonist Parties from and against any claims, actions, damages (actual and consequential), losses, expenses or demands, including, without limitation, legal and accounting fees, arising or resulting from (a) your access to, use or misuse of the Site or the Content (including any actions taken by a third-party using your account), and (b) your breach of this Agreement. Protagonist reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Protagonist's defense of such matter.
5. TERMINATION OF THIS AGREEMENT
Protagonist reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Protagonist reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. Sections 2 “Use of Services”, 3 “Limitation of Liability and Disclaimer of Warranties”, 4 “Indemnification”, 5 “Termination of this Agreement”, 6 “Compliance with Applicable Laws”, and 7 “Miscellaneous” shall survive the termination of this Agreement.
6. COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You shall abide by all applicable export laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act. You shall not transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
This Agreement is governed by the internal substantive laws of the State of Florida without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Miami in the State of Florida. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Protagonist to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Protagonist unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Protagonist and you, this Agreement constitutes the entire Agreement between you and Protagonist with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Protagonist is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
2. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of the Site, including information:
- by which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other identifier by which you may be contacted online or offline;
- that is about you, but individually does not identify you; and/or
- about your internet connection, the equipment you use to access the Site and usage details, your mobile device; and your location.
We collect this information:
- Directly from you when you provide it to us;
- Automatically as you navigate through or use the Site. Information collected automatically may include usage details, IP addresses, information regarding your mobile device and your location; and/or
- From third parties, including, for example, our business partners.
- If you believe we have received your information erroneously or without your consent, please contact us at firstname.lastname@example.org.
Information You Provide to Us. The information we collect on or through Site may include:
- Information that you provide by filling in forms on the Site.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Your search queries on the Site.
- Information that you provide by filling in forms to register or create an account on our Site.
Although we may limit access to certain pages or you may be able to set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable.
Information We Collect Through Automatic Data Collection Technologies. As you navigate through, interact with and/or use the Site, we may use automatic data collection technologies to collect certain information about you, regardless of whether you have an account, with us. The information we may collect in this manner includes your equipment, browsing actions, and patterns, including:
- Details of your visits to, access of or use of the Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site;
- Information about your computer and internet connection, including your IP address, operating system, and browser type; and/or
- Information about your mobile device.
The information we collect automatically may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize the Site according to your individual interests.
- Speed up your searches.
- Recognize you when you return to the Site.
3. HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
- To present or provide you with the Site and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
- To notify you about changes or updates to the Site or any products or services we offer or provide though them.
- To allow you to view, stream or provide content and participate in interactive features on our Site.
- Where appropriate, we may anonymize, backup, and delete certain data.
- For any other purpose with your consent.
We may also use your information to contact you about our services or products that may be of interest to you.
Disclosure of your Personal Data:
- To Protagonist, our affiliates and our subsidiaries.
- To contractors, service providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Protagonist's assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Protagonist about our Site users is among the assets transferred.
- To third parties to market their products or services to you.
- To third party consultants, advisors, and investment funds for data analysis and marketing information purposes.
- To fulfill the purposes for which you provide it.
- With your consent.
We may also disclose your Personal Data to:
- Comply with any court order, law, or legal process, including responding to any government or regulatory request.
- Protect and defend the rights or property of Protagonist.
- Act in urgent circumstances to protect the personal safety of users of the Services or the public
- Protect Protagonist against legal liability.
Your Choices: You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.
California Privacy Rights:
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com.
Users or site visitors residing in California may be afforded certain rights regarding their personal information. Except where an exception or exemption applies, these rights may include the ability to request disclosure of the information we have collected about you, the right to review our data collection practices related to you, the ability to request deletion of your personal information, and the right not to be discriminated against due to your exercise of any of these privacy rights. While these rights are not globally applicable, all of our customers are entitled to request access to the personal information that we hold about them. To ensure that your personal information is accurate and complete, please contact us through the email address below regarding any errors or updates affecting the personal information that we may hold.
You may also send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that we hold about you. Residents of California may designate an authorized agent to exercise certain privacy rights on their behalf, and should make any such request by contacting the above email address. To protect your privacy and security, Protagonist may take reasonable steps to verify your identity before granting access to, correcting, or deleting data. Please note that we may retain certain information as required by law or as necessary for our legitimate business purposes.
Security: We take commercially reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to us via the Internet.
You may contact us at email@example.com.