Legal

Terms of Use

Thanks for your interest in our Website at www.sorensoncapital.com. 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 West Rim Capital Advisors, L.P., which provides administrative and other services to various Sorenson Capital entities. 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 Sorenson 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 Sorenson Capital individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

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 Sorenson 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 advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a Sorenson Capital entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Sorenson Capital or its investment activities. This material presented is for informational purposes only and should not be construed as investment advice.  Any analysis or discussion of investments, sectors or the market generally are based on current information, including from public sources, that we consider reliable, but we do not represent that any research or the information provided is accurate or complete, and it should not be relied on as such. Our views and opinions expressed in any website content are current at the time of publication and are subject to change. Past performance is not indicative of future results.

This Website is intended solely to provide information regarding Sorenson Capital’s potential financing capabilities for prospective portfolio companies.  The information provided on this Website, including information regarding Sorenson Capital’s current and historical portfolio companies and other investments, is not intended to recommend any company or investment described herein and is not an offer or sale of any security or investment product or investment advice.  In any event, past performance is not a guarantee of future results and it should not be assumed that results for portfolio investments will be achieved for other investments.  Current and previous investments listed on this Website are not to be considered a complete list of all investments historically made by Sorenson Capital.  Sorenson Capital does not solicit or make its services generally available to the public.

Any specific company listed or discussed is not intended to be representative of any or all companies purchased, sold or recommended for Sorenson Capital’s advisory clients. One should not assume that all investments in the companies identified are or will be profitable. The quotes provided by personnel of portfolio companies of certain of Sorenson Capital’s advisory clients may not be representative of the experience of personnel of other portfolio companies, and are not a guarantee of future performance or success.

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 Sorenson 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.

Privacy Policy.

We reserve the right to track visitors to, and usage of, this Website through “cookies” and similar techniques and to use any resulting information as we determine in our sole discretion.

Limitation of Liability

Except as specifically agreed by a Sorenson Capital entity in writing, NO SORENSON 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 West Rim Capital Advisors, L.P. 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 Utah, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Sorenson Capital entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in the State of Utah. 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 Sorenson 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 pnewey@sorensoncap.com.

Effective Date: August 1, 2020