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Legal Notices

Disclaimer

The material on this website is for the general information of our clients and visitors. This website does not constitute an offer to sell or a solicitation of an offer to buy or sell any security or investment product, and may not be relied upon in connection with any offer or sale of securities. Nothing on this website is a recommendation that you purchase, sell or hold any security, or that you pursue any investment style or strategy. Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.

Securities Investor Protection Corporation (SIPC)

Growth Capital Services is a member of the Securities Investor Protection Corporation (SIPC), which provides protection for owners of securities accounts. Our firm does not hold securities; all accounts and assets are held by our issuers, sponsors, or their clearing brokers or qualified custodians. No coverage protects against a decline in the market value of securities. An explanatory brochure about the SIPC protection is available upon request through the Securities Investor Protection Corporation, www.sipc.org.investment, accounting, tax or legal advice.

User Agreement

Welcome to the Growth Capital Services (GCS) website. By accessing this website, you agree to comply with this binding user agreement between you and GCS, which governs your access and use of the website. If you do not accept these terms and conditions, do not use this website. Your use of this website indicates your full acceptance of this user agreement in its then-current form each time you use the website. GCS reserves the right to change the terms and conditions at any time, without notice.

Ownership and Restrictions on Use

All content included on this website is the property of GCS or others and is protected by copyright with all rights reserved. You may download or print out a hard copy of individual pages and/or sections of the GCS website, provided that you do not remove any copyright or other proprietary notices. Any downloading or otherwise copying from the GCS website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the GCS website without the prior written permission of GCS. You may not disassemble, deconstruct or otherwise violate the security of all or any portion of this website. At any time and for any reason we may revoke your right to use all or any portion of the website.

Risks You Assume by Using This Website

Information on this website speaks only as of the date indicated. We make reasonable efforts to provide accurate information, but at times we may not promptly update or correct this website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. You agree that we are not liable for any actions you take or decisions you make in reliance on any information on this website.

We make reasonable efforts to avoid technological problems, but at any time this website may have, and/or may cause, technological problems including viruses. We are not liable for any defects, delays or errors in or resulting from your use of this website.

We may, but have no obligation to, monitor and record activity on this website for any reason or for no reason.

Linked Websites

When you access certain links on the GCS website you may leave the GCS website. GCS has not reviewed any of the websites linked to the GCS website and does not endorse or accept any responsibility for the content of such websites nor the products, services or other items offered through such websites.

Password Protected

The contents of the password protected area of this website are subject to the confidentiality provisions of the respective investor fund documents.

No Offer of Employment

This website is not an offer of employment with respect to any employment position described on this website.

International Use

The information provided on this website is not intended for distribution to, or use in, any jurisdiction where such distribution or use would be contrary to law. You are responsible for compliance with applicable local laws and regulations.

No Warranty

The information and opinions contained on the GCS website are provided without any warranty of any kind, either express or implied.

Limitation of Liability

Neither we nor any of our affiliates, agents or employees is responsible for any damages, liabilities or injury, including but not limited to indirect, incidental, special, punitive or consequential damages however caused arising out your use of (or inability to use) this website or this user agreement. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injuries caused by any failure of performance, error, omission, theft, interruption, deletion, defect, delay in operation, computer virus, communication line failure, or other computer malfunction.

Governing Law

You agree that your use of this website and any disputes relating to the website or this user agreement shall be governed in all respects by the laws of the state of California. Any dispute relating to the above shall be brought solely in the state or federal courts located in San Francisco, California, and it is agreed that such courts shall have jurisdiction over the parties to this user agreement and any dispute arising hereunder.

To help the government fight the funding of terrorism and money-laundering activities, and to verify your identity, federal law may require Growth Capital Services (GCS) to obtain your name, date of birth, address and a government-issued identification number before opening your account. If you are acting on behalf of a corporate entity, we may be required to obtain your name and title, and the corporation’s address and government-issued identification number. In certain circumstances, GCS may obtain and verify this information with respect to any person(s) authorized to effect transactions in an account. Your account may be restricted and/or closed if GCS cannot verify this information. GCS will not be responsible for any losses or damages (including but not limited to lost opportunities) resulting from any failure to provide this information, or from any restriction placed upon, or closing of, your account.

GCS and its affiliates may from time to time engage in activities that are in conflict with their securities customers. The employees of GCS, its contract consultants, and its affiliates are bound to the customer’s best interests and are required to notify GCS of any possible or potential conflict of interest which may result from their other activities, and may commence such other activities only after the prior, written approval of GCS, which may not be unreasonably withheld.

Important: all investing is risky, and no investor should decide to commit funds without first consulting with a competent professional adviser. The past performance of any investment, investment strategy or investment style is not indicative of future performance. Future results may vary, and are not guaranteed. The value of investments and their income may increase or decrease, and a loss of principal – including all principal – may occur.

Private Placements

GCS is primarily a private placement banker and broker. A private placement is the sale of registered or unregistered securities to a limited number of qualified private investors, including institutional investors, accredited individuals, and entities that meet certain investor eligibility requirements.

Securities purchased through private placements typically fall into the category of alternative assets – investments that often have a low correlation to public markets and offer essential diversification to portfolios dominated by traditional stocks and bonds. However, private placements generally are highly illiquid, and are not subject to public disclosure obligations. Investors should consult professional advisers, perform deep due diligence, and engage in careful deliberation before investing.

Qualified Investors

Investing in private placements requires high risk tolerance, low liquidity concerns, and long-term commitment. Investors must be able to afford to lose their entire investment. For those reasons, these offerings may be made available only to certain institutional investors and high net worth individuals and entities. As with all alternative investments, investors must meet certain eligibility tests to qualify as purchasers. Currently, entities must have assets of at least $5 million (or all individual owners meet accredited investor tests). Individuals must have a net worth of more than $1 million or gross income for each of the last two years of at least $200,000 ($300,000 with spouse) with the expectation of the same income in the current year, excluding one’s residence.