Disclaimer/Disclosure

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TERMS OF USE
Your use of this Website, including the content, materials and information available on or through this Website (together, the “Materials”), is governed by these Terms of Use(these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms.

WHO WE ARE
This Website is maintained and operated by FortySix Venture Capital LLC, which provides administrative and other services to various related entities and funds. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

MATERIALS
Except for certain Materials provided through a password protected area on this Website (see below), ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.

THIRD-PARTY SITES
We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

PASSWORD PROTECTED AREAS
Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable FortySix Venture Capital entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and FortySix Venture Capital individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

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NO OFFER, SOLICITATION OR ADVICE 
Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a FortySix Venture Capital entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment, legal, business or tax advice or an offer to provide such advice, or (iii) a basis for making any investment decision.  The Materials are provided for informational purposes and have been prepared by FortySix Venture Capital for informational purposes to acquaint existing and prospective portfolio companies, entrepreneurs and other company founders with FortySix Venture Capital’s recent and historical investment activities.  The Materials are not directed towards any existing or prospective investor in any FortySix Venture Capital fund.  The Materials are provided in summary form and do not purport to be complete.  Please note that any investments or portfolio companies referenced in the Materials are illustrative and do not reflect the performance of any FortySix Venture Capital fund as a whole. The Materials do not include a complete list of all FortySix Venture Capital portfolio companies. Past performance is not indicative of future results and there can be no assurance that any FortySix Venture Capital fund will achieve comparable results or that any future investments will be profitable. All forward-looking statements are based upon assumptions that may not prove to be correct.  There is no obligation for FortySix Venture Capital to update or alter any forward-looking statements, whether as a result of new information, future events, or otherwise.  Except as expressly stated by a FortySix Venture Capital entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of FortySix Venture Capital or its investment activities. 

RESTRICTIONS ON USE; NO LICENSE
We reserve all rights with respect to the design and content of this Website. In particular, you must not misappropriate the design or content of this Website and you must not alter or deface such design or content in any way. Nothing on this Website grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

OWNERSHIP OF TRADEMARKS, ETC.
All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to FortySix Venture Capital, its affiliates or their respective owners, and this Website grants no license to them.

SUBMITTING A BUSINESS PLAN OR OTHER CONFIDENTIAL INFORMATION
Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

LIMITATION OF LIABILITY
Except as specifically agreed by a FortySix Venture Capital entity in writing, NO FORTYSIX VENTURE CAPITAL INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

MODIFICATION OF THESE TERMS
We reserve the right to modify these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Website after the posting of changes constitutes your binding acceptance of such changes.

MISCELLANEOUS
This Website is operated and controlled by FortySix Venture Capital Operations LLC in the United States of America. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of Oklahoma, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable FortySix Venture Capital entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Tulsa County, Tulsa, Oklahoma. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All FortySix Venture Capital individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

CONTACT INFORMATION
Any questions, concerns or complaints regarding these Terms should be sent to info@fortysixcapital.com.

Effective Date: May 5, 2022