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Backlog Capital, LLC - Terms of Use and Legal Information


This Terms of Use and Legal Information statement sets forth the terms of use governing this website (this “Website”) and any material contained herein, and sets out your obligations with respect to your use of the Website. This Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein, and, by accessing and using the Website, you signify your understanding of, and agree to abide by, all such terms, conditions and notices.

Backlog Capital, LLC (“BACKLOG CAPITAL”) reserves the right to change the terms, conditions and notices under which this Website is offered without prior notice at any time. This Website and your access to it can be terminated at any time, with or without notice and for any reason.

BY USING THIS WEBSITE, YOU CONSENT TO BACKLOG CAPITAL USING FOR ANY LAWFUL PURPOSE ANY INFORMATION THAT YOU TRANSMIT TO THIS WEBSITE OR OTHERWISE PROVIDE TO BACKLOG CAPITAL, AND IS SUBJECT TO DISCLOSURE AS DEEMED APPROPRIATE BY BACKLOG CAPITAL (INCLUDING TO ANY LEGAL OR REGULATORY AUTHORITY TO WHICH BACKLOG CAPITAL IS SUBJECT).

TERMS OF USE


Restrictions on Use and No Advice


The material contained in this Website should not be used or considered as, and does not constitute, an offer to sell or a solicitation of any offer to buy any interests in BACKLOG CAPITAL or its affiliates. The material contained in this Website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which any person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such solicitation or offer.

BACKLOG CAPITAL provides no advice or recommendations with respect to the use of this Website, and the information and content contained herein do not constitute a recommendation or solicitation to purchase or sell any security or make any type of investment or financial decision, nor do the contents of this Website constitute legal, tax, or accounting advice or advice regarding the suitability or profitability of any transaction or investment.

Ownership of Content


BACKLOG CAPITAL owns and maintains this Website. BACKLOG CAPITAL reserves all rights with respect to copyright ownership of all text, images, graphics, sounds, software code and other materials ("Content") on the Website, and will enforce such rights to the fullest extent of the law. This Website and its Content may only be used for the personal education of visitors to the Website and non-commercial use. You may not modify, reproduce, distribute, publish, display, license, create derivate works from, transfer, sell or otherwise use by electronic or any other means any of the Content or services obtained from this site without BACKLOG CAPITAL’s prior written consent.

Trademarks


BACKLOG CAPITAL MANAGERS, BACKLOG CAPITAL, and other marks and company names indicated on the Website are service marks of BACKLOG CAPITAL or its affiliates. Nothing in this Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark in this Website. As with the Content (described above), such trademarks, logos and/or service marks and company names may not be modified, reproduced, distributed, published, displayed, licensed, transferred, sold or otherwise used by electronic or any other means without the prior written consent of BACKLOG CAPITAL. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners.

Non-United States Visitors


Given the global nature of the internet, the Website may be accessed by visitors residing outside of the United States. BACKLOG CAPITAL makes no representations or warranties that the Website is appropriate or available for use in countries outside of the United States, or that transactions, securities, products, instruments or services discussed in this Website are available or appropriate for sale or use in all jurisdictions, or by all counterparties. Visitors who choose to access the Website from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject BACKLOG CAPITAL and/or its affiliates to any registration or other requirement within such jurisdiction or country.

No Reliance


While BACKLOG CAPITAL uses reasonable efforts to update the information on this Website, BACKLOG CAPITAL makes no representations or warranties as to the accuracy, reliability or completeness of any information on this Website. Opinions and any other content, including the terms and conditions of your use of this Website and its contents, are subject to change without notice or liability.

Consult Entirety of Materials


The materials on this Website are meant to be reviewed in their entirety, including, without limitation, footnotes, legal disclaimers, restrictions and disclosures, any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Third-Party Information


Certain information contained in this Website may be prepared by third parties. BACKLOG CAPITAL does not endorse or recommend the information provided by such third parties. You understand that BACKLOG CAPITAL has no control over such information, and therefore is not responsible for the content of any such information. BACKLOG CAPITAL shall not be liable for any damage or loss caused by or in connection with the use of or reliance upon any such information.

Links to Third-Party Sites


The Website may contain links to sites owned and operated by other parties. BACKLOG CAPITAL has not reviewed any of the sites linked to this Website and is not responsible for and has no control over the content of those sites or any other site linked or linking to the Website. Your linking to any third-party pages or other sites is at your own risk.

Disclaimer of Warranties


You expressly acknowledge and agree that:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. EACH OF THE WEBSITE AND THE MATERIALS HEREIN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BACKLOG CAPITAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) BACKLOG CAPITAL DOES NOT WARRANT OR REPRESENT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE WEBSITE AND ITS FUNCTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION, SERVICES OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) ACCESS AND USE OF THIS WEBSITE, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THEREFROM, IS AT, DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR LOSS OF DATA THAT RESULTS FROM ACCESS OR USE OF THIS WEBSITE, OR THE DOWNLOADING OR OBTAINING OF ANY MATERIAL THEREFROM. YOU (AND NOT BACKLOG CAPITAL OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BACKLOG CAPITAL OR THROUGH OR FROM THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

Limitation of Liability


BACKLOG CAPITAL and its affiliates, officers, agents, partners and employees shall not be liable for any direct, indirect, incidental, special or consequential damages, or any other damages of any kind, including but not limited to damages for loss of profits, use or data, arising out of, or connected in any way to, or otherwise resulting from the use or the inability to use the Website, the materials contained in, or accessed through, this Website, or any information or services obtained or messages received or transactions entered into through the Website or unauthorized access to or alteration of your transmissions of data.

Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website.

Applicable Law


This Terms of Use and Legal Information statement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action .

Severability


In the event any of the terms or provisions of this Terms of Use and Legal Information statement shall be held to be unenforceable, the remaining terms and conditions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention of the unenforceable term or provision. This Terms of Use and Legal Information statement shall be subject to any other agreements you have entered into with BACKLOG CAPITAL.