Last Updated: March 1, 2024

Please read the Terms of Use (“Terms of Use” or “Terms”) carefully as they govern your access to, use of and interaction with the www.vegaleap.com website, including all information, data, code, illustrations or other graphics, visuals, text, icons, logos, trademarks and service marks (collectively, the “Materials” or “Content”) available on, or transmitted through, the website and its subpages (the website, subpages and Content collectively referred to as the “Site”). By accessing or using the Site, you hereby accept and consent to be legally bound by these Terms in their entirety and agree to comply with them fully. If you disagree with any part of these Terms at any time, stop using the Site immediately. It is advised that you periodically review these Terms as they may be amended from time to time. Notification of any amendments will be communicated exclusively through the updating of the date at the top of these Terms of Use. Your continued access to or use of the Site after any amendments to the Terms have been made will be deemed to be your acceptance of the revised Terms.

The Site is owned and operated by VegaLeap Capital Management, LLC (together with its affiliates, “VegaLeap,” “we,” “us” or “our”). VEGALEAP PROVIDES ACCESS TO THIS SITE, INCLUDING ALL RELATED INFORMATION, MATERIALS AND CONTENT, TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY.

Limited License

Except as expressly authorized within these Terms, no provisions contained herein or within the Site shall be interpreted as conferring, nor should they be construed as conferring, upon you or any third party any title, interest, license or right to use, copy or otherwise reproduce any Content on this Site. This restriction also applies to any use of the name or logo of VegaLeap or its affiliates. VegaLeap reserves all rights that it may have with respect to copyright and trademark ownership of all Materials on this Site and will enforce these rights to the fullest extent permitted by applicable law.

The Content provided on this Site is intended solely for informational purposes and for your personal, non-commercial use. Accordingly, you are granted a limited, nonexclusive license to access, use and print pages from this Site solely for these purposes. It is expressly prohibited to modify, distribute, transmit, perform, reproduce, broadcast, publish, license, transfer, sell or create derivative works from any Content obtained from this Site.

VegaLeap reserves all rights not explicitly granted under these Terms.

No Offer of Securities & No Advice

At no point should any of the Materials on this Site be interpreted as an offer to sell, or a solicitation of an offer to buy, any interest in any private investment fund sponsored or managed by VegaLeap and/or its affiliates. Any such offers or solicitations can and will be made exclusively through the delivery of each such fund’s confidential offering memorandum (“Memorandum”) to individuals who are legally permitted to receive such offers within their jurisdiction. Furthermore, such individuals must meet certain investor suitability requirements as determined by VegaLeap and prevailing law. These include, but may not be limited to, the requirement for individuals to qualify as (i) “accredited investors” pursuant to Rule 501 of Regulation D under the Securities Act of 1933, as amended (the “Securities Act”), and (ii) “qualified clients” as delineated in Rule 205-3(d)(1) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”).”

NOTHING ON THIS SITE PROVIDES, NOR SHOULD BE CONSTRUED AS PROVIDING, ANY FORM OF INVESTMENT, FINANCIAL, LEGAL, REGULATORY, TAX OR SIMILAR ADVICE. NOTHING ON THE SITE CONSTITUTES A RECOMMENDATION TO BUY, SELL OR HOLD ANY INVESTMENT OR SECURITY, NOR TO UNDERTAKE ANY SPECIFIC INVESTMENT STRATEGY OR TRANSACTION. FURTHERMORE, NO CONTENT ON THIS SITE IS TO BE CONSTRUED AS A REPRESENTATION, WARRANTY, IMPLICATION OR GUARANTEE OF ANY PARTICULAR INVESTMENT OUTCOMES OR FINANCIAL PERFORMANCE. IT IS YOUR RESPONSIBILITY TO SEEK ADVICE FROM YOUR OWN INVESTMENT, LEGAL, TAX AND/OR OTHER PROFESSIONAL ADVISORS REGARDING THE RISKS, SUITABILITY AND POTENTIAL CONSEQUENCES OF ANY INVESTMENT, WHETHER MADE OR BEING CONSIDERED, WITH RESPECT TO YOUR UNIQUE FINANCIAL SITUATION AND OBJECTIVES.

Linked Sites

This Site may contain links to websites operated by third parties. VegaLeap neither reviews nor controls the content, privacy policies or data practices of these third-party sites. Accordingly, VegaLeap is not responsible for the information, materials, content, privacy practices or terms of use of any such linked websites. We expressly disclaim any liability for any losses, damages or other liabilities incurred as a result of your access to or use of these third-party sites. Your engagement with any linked sites or off-site pages is conducted solely at your own risk and discretion.

Disclaimer of Warranties

VEGALEAP, INCLUDING ITS OFFICERS, DIRECTORS, OWNERS, PRINCIPALS, ADVISORS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO AS VEGALEAP AND “VEGALEAP’S REPRESENTATIVES”), HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, RELATING TO THE ACCURACY, COMPLETENESS, CORRECTNESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR ANY OTHER ASPECT OF THE INFORMATION AND MATERIALS PROVIDED ON THE SITE. ALL INFORMATION AND MATERIALS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT THE ISSUANCE OF WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHERMORE, VEGALEAP AND VEGALEAP’S REPRESENTATIVES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE OR COURSE OF DEALING. NO WARRANTY IS PROVIDED THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE MATERIALS ON THIS WEBSITE, INCLUDING THE PHRASE “LEAPING OVER THE VOLATILITY,” THE “VEGALEAP” NAME AND ANY CONTENT, ARE PROVIDED STRICTLY FOR INFORMATIONAL PURPOSES ONLY; UNDER NO CIRCUMSTANCES SHOULD ANY MATERIALS OR CONTENT BE INTERPRETED AS OFFERING ANY WARRANTY, GUARANTEE OR IMPLICATION OF SPECIFIC INVESTMENT RESULTS OR FUTURE FINANCIAL PERFORMANCE.

INFORMATION AND MATERIALS ON THIS SITE MAY BE ALTERED OR UPDATED AT ANY TIME WITHOUT NOTICE. VEGALEAP RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY, SUSPEND OR DISCONTINUE, EITHER TEMPORARILY OR PERMANENTLY, THE SITE AT ANY TIME WITHOUT NOTICE.

Please be aware that certain jurisdictions do not allow the disclaimer of certain warranties, so some or all of the above disclaimers may not apply to you.

Limitation of Liability

YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (I) YOU BEAR SOLE RESPONSIBILITY FOR YOUR USE OF THE SITE; (II) ANY INFORMATION YOU TRANSMIT OR RECEIVE DURING YOUR USE OF OR INTERACTION WITH THE SITE MAY BE SUBJECT TO UNAUTHORIZED INTERCEPTION OR ACCESS BY THIRD PARTIES; AND (III) YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE. IN RECOGNITION OF THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VEGALEAP AND VEGALEAP’S REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITE OR ANY LINKED SITE; (II) ANY ACTIONS TAKEN OR NOT TAKEN BASED ON COMMUNICATIONS YOU SEND TO US; (III) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE OPERATION OR SERVICE OF THE SITE; (IV) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; (V) THE OBTAINMENT OF ANY INFORMATION, MATERIALS OR CONTENT FROM THE SITE; OR (VI) ANY OTHER MATTER RELATING TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VEGALEAP AND/OR VEGALEAP’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR EXCLUSIVE REMEDY AGAINST VEGALEAP FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO CEASE USING THE SITE.

THE LAW IN CERTAIN JURISDICTIONS MAY RESTRICT THE ABILITY TO LIMIT OR EXCLUDE LIABILITY FOR SPECIFIC CATEGORIES OF DAMAGES. ACCORDINGLY, TO THE EXTENT REQUIRED BY APPLICABLE LAW, THE LIMITATIONS AND EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY TO ALL USERS. USERS FROM SUCH JURISDICTIONS AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE ENFORCEABLE AND SHALL SURVIVE DESPITE ANY REMEDY FAILING TO ACHIEVE ITS ESSENTIAL PURPOSE.

Indemnification

You hereby agree to indemnify, defend, and hold harmless VegaLeap, along with its officers, directors, owners, principals, advisers, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or in any way connected with: (i) your access to or use of the Site, including its information, Materials and Content; (ii) any breach by you of these Terms; (iii) your violation of any law, statute, ordinance, regulation or the rights of any third party; or (iv) any claim by a third party that, if true, would constitute a breach by you of any representation, warranty, covenant or other provision contained in these Terms.

Severability

Should any provision of these Terms be adjudged unlawful, void or unenforceable for any reason, then that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and these Terms shall be interpreted so as to achieve their intent as expressed herein to the greatest extent possible in the jurisdiction in question. These modifications, or any determination of invalidity or unenforceability, shall apply solely to the affected provision within the specific jurisdiction in question, without impacting the validity or enforceability of such provision in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

General

These Terms of Use are governed by the laws of the State of Texas without regard to its choice of law provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Dallas County, Texas, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.

In the event VegaLeap is prevented from fulfilling its obligations under these Terms of Use due to circumstances beyond its reasonable control, such inability to comply shall not constitute a breach of these Terms. Circumstances considered beyond VegaLeap’s reasonable control include, but are not limited to, actions by governmental authorities, fires, riots, wars, acts of terrorism, acts of God, natural disasters or any combination thereof. Moreover, should VegaLeap not take action in response to any particular breach of these Terms of Use by any user, such inaction shall not be deemed to be a waiver of VegaLeap’s rights to enforce these Terms in response to any subsequent breaches.

The “VegaLeap” name and the phrase “Leaping Over the Volatility,” as well as all associated logos, images and symbols, are the exclusive properties of VegaLeap Capital Management, LLC. “VegaLeap” and “Leaping Over the Volatility” are trademarks of VegaLeap Capital Management, LLC and are pending registration in the United States. All other trade names, trademarks and service marks appearing on the Site that are not owned by VegaLeap Capital Management, LLC or its affiliates remain the property of their respective owners.

If you have any questions, comments or concerns about these Terms of Use or the Site, please contact us at info@vegaleap.com