Use of this Website (“Website”) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Website, you are deemed to have read and accepted these Terms and the regulatory restrictions governing the use of this Website. Encourage Capital, LLC (“Encourage Capital”; also sometimes referred to herein as “we”) reserves the right to modify these Terms at any time. Encourage Capital grants you a limited right to use the Website. Your right to use this website is subject to your agreement to abide by the Terms in their entirety.

IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS PLEASE DO NOT USE THIS WEBSITE.

No Offer

Nothing in this Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction. Only prospective investors which meet the Encourage Capital investor suitability criteria will be permitted to invest with funds or vehicles affiliated with Encourage Capital (“Funds”). Any such offer or solicitation of interests in a Fund shall be made only by means of the Fund’s confidential private placement memorandum, as amended or supplemented from time to time (the “Memorandum”). The Memorandum will contain detailed information concerning the terms and risks of an investment in such Fund (including risk factors, conflicts of interest, fees and charges, and regulatory and tax considerations), and such Fund’s subscription documents.

Copyright

The content of this Website is subject to copyright and trademark laws with all rights reserved. You may not reproduce (in whole or in part), transmit, modify, link into or use for any public or commercial purpose this Website without our prior written permission. Any rights not expressly granted in these terms are reserved.

Privacy, Data Protection, & Collection and Use of Personal Information

You acknowledge that communications transmitted by means of this Website are public and not private communications. Please do not transmit any confidential information to or through this Website.

In relation to any personal data that you may provide to us in connection with your use of this Website, we will only obtain personal data from you for the purposes of communicating with you on any issues or questions that you raise under the section “Contact Us.” Please do not send us any confidential or proprietary material as we do not undertake any obligations of non-disclosure or non-use of material sent to us. We may also collect information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain web sites. The “help” portion of the toolbar on many browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies, if that is your preference.

 

We may also collect and process personal information you give us whether from a business card or correspondence by you with us via telephone, email or otherwise. This information may include, for example, your name, address, email address and telephone number; information about your business relationship with us; and information about your professional role, background and interests.  We may use your information: (i) to operate, manage, develop and promote our business and, in particular, our relationship with the organization you represent (if any) and related transactions – this includes, for example, marketing and billing / payment purposes; (ii) to operate, administer and improve our website and premises and other aspects of the way in which we conduct our operations; (iii) to protect our business from fraud, money-laundering, breach of confidence, theft of proprietary materials and other financial or business crimes; (iv) to comply with our legal and regulatory obligations and bring and defend legal claims; and (v) for any other lawful purpose.

 

We will delete the information that we hold about you when we no longer need it or upon your written request provided we have determined that it is not required or advisable to maintain such information for legal, compliance or other regulatory purposes.   We may securely dispose of the personal information we hold at our discretion without notice, subject to applicable law. You may have a right of access to the personal information that we hold about you, and to some related information, under applicable data protection law. You can also require any inaccurate personal information to be corrected or deleted, subject to the limitations above. You can object to our use of your personal information for direct marketing purposes at any time and you may have the right to object to our processing of some or all of your personal information in some other circumstances.  If you wish to exercise any of these rights, please contact us as set out below:

 

Encourage Capital, LLC

156 Fifth Avenue, Suite 805

New York, New York 10010

Attention:  Compliance Officer

 

Via email at:  [email protected]

 

 

 

 

 

Accuracy of Content

Market data contained herein and all other information is based upon information that Encourage Capital considers reliable under the circumstances; however, Encourage Capital does not represent that it is accurate, complete or up to date, and it should not be relied upon as such. You are solely liable for any use you may make of this information. The information is inherently subject to change without notice and may become outdated. You, therefore, should verify any information obtained from this Website before you use it.

Investment Performance Information

As applicable, unless otherwise indicated, any IRRs presented herein are presented on a “gross” basis before management fees, “carried interest,” taxes, transaction costs in connection with the disposition of unrealized investments and other expenses to be borne by investors in the Funds, which, if given effect to, would reduce returns and, in the aggregate, are expected to be substantial. Any IRRs presented herein are calculated from inception to date and are based on the actual dates of capital contributions, distributions and net assets at the end of the year. Calculations on an individual limited partner basis may yield results that vary from those stated herein. Any information presented herein respecting invested capital valuation and proceeds received is as of quarter end unless otherwise indicated. The information provided herein may be subject to subsequent adjustment, and we expressly disclaim any duty to update you on such subsequent adjustments.

Forward-looking Statements

Certain information contained in this Website constitutes “forward-looking statements,” which can be identified by the use of forward-looking terminology such as “may,” “will,” should,” “expect,” “anticipate,” “project,” “estimate,” “intend,” “continue,” or “believe” or the negatives thereof or other variations thereon or other comparable terminology. Due to various risks and uncertainties, actual events or results or the actual performance may differ materially from those contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statements. Past or targeted performance is not necessarily indicative of future results, and there can be no assurance that we will achieve comparable results or that we will be able to implement its strategy or achieve its investment objectives.

No Advice

Nothing contained on this Website constitutes or should be construed to constitute investment, legal, tax or other advice. You should not rely on any information or opinions contained in this Website in making an investment or other decision but should obtain relevant and specific professional advice.

Exclusion of Liability

To the fullest extent allowed by law, neither Encourage Capital nor any of its owners, affiliates or employees of any of the foregoing shall be liable for any direct or indirect losses, loss of profits, damages, costs or expenses incurred or suffered by you arising out of or in connection with the access to, use of or linking to other sites from this Website or reliance on any information contained on this Website. In no circumstances shall Encourage Capital or any of its owners, affiliates or employees of any of the foregoing have any liability for consequential or special damages.

External Sites and Internet Security

This Website may contain links to other web sites (the “Other Sites”). The Other Sites are for your convenience only, and you access them at your own risk. We are not responsible for the content of the Other Sites, whether or not we are affiliated with sponsors of the Other Sites. We do not guarantee that material on this Website will be free from infection, viruses or worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking.

Permitted Users of the Website

This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence, location or otherwise) the publication or availability of this Website is prohibited. Persons in respect of whom such prohibitions apply must not access this Website. It is your responsibility to ensure that your use complies with any restrictions or any applicable local laws regarding use of the information on this Website.

Miscellaneous

The term “Partner” is used on this Website as the title applied internally within Encourage Capital to certain senior professionals who are treated within Encourage Capital as senior members of the firm, but does not necessarily imply the carrying on of a business as a partner or in partnership.

The term “Principal” is used in this Website as the title applied internally within Encourage Capital to certain employees of Encourage Capital, but does not imply any form of agency relationship as between Encourage Capital and such person.

Any changes we make to the policies described above in the future will be posted here on our website (at www.encouragecapital.com) and also available if you contact us.  These policies were last updated on May 24, 2018.  Please check back frequently to see any changes.

Governing Law; Arbitration; and Waiver

These Terms are governed by the laws of New York (except for conflict of law provisions). By using the Site, you agree that Encourage Capital, at its sole discretion, may require you to submit any disputes relating to the Website or the Terms to final and binding arbitration in New York City under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of New York. If any provision of these Terms is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. The failure of Encourage Capital to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Encourage Capital’s rights with respect to such breach or any subsequent breaches.