Red Diamond Capital Partners Website Terms of Use

Last Updated: January 2023

Thank you for your interest in Red Diamond Capital Partners and for visiting our website (the “Site”) owned and operated by Red Diamond Capital Partners. These Terms of Use (“Terms”) outline the basic terms and conditions that govern your use of the Site. By using the Site, you agree to be bound by these Terms, as well as any disclaimers and additional terms and conditions that may appear on the Site now or in the future. We may update these Terms at any time, and your continued use of the Site after any modifications constitutes your acceptance of the updated terms and conditions. If you do not agree to receive these legal notices or abide by these Terms for any reason, your sole and exclusive remedy is to discontinue using the Site.

These Terms are not intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, that are currently in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will take precedence. Your compliance with these Terms and all Other Agreements is a condition of your right to access the Site. If you breach any provision of these Terms or Other Agreements, your right to access the Site will be automatically revoked and terminated without notice or other action, and you will be fully liable for any claims and causes arising from or relating to your continued use of the Site after such breach, including conversion, misappropriation, and trespass to chattels.

Privacy

For information on how Red Diamond Capital Partners collects, uses, and discloses information from users of the Site, please review our Website Privacy Policy. We may collect this information through the use of “cookies,” which are bits of text placed on your computer’s hard drive when you visit certain websites. For more information on the types of cookies used on the Site and how to disable them, please review our Cookies Policy. Your use of the Site indicates your consent to the data practices stated in our Website Privacy Policy and Cookies Policy.

No Offer or Advice

You acknowledge that the content on the Site is for general informational purposes only and does not constitute an offer to sell or buy any securities or other assets, or a promise to undertake or solicit business. It should not be relied upon in connection with any offer or sale of securities or other assets. Any offer or solicitation will be made only through final private placement memoranda, subscription agreements, and/or other related documents specific to a particular investment opportunity and will be subject to the terms and conditions contained in those documents, including the qualifications necessary to become an investor. Red Diamond Capital Partners makes no representations that any information provided on the Site is accurate, current, or complete. You are solely responsible for evaluating the risks and merits associated with the use of the Site and any services provided herein. We do not provide investment or other advice through the Site, and nothing on the Site should be considered a recommendation to buy, sell, or hold any security or other investment, or to pursue any investment style or strategy. If you require investment, accounting, tax, or legal advice, you should consult your own advisors based on your individual circumstances and needs. By accessing the Site, you are not considered a client of Red Diamond Capital Partners.

Past Performance

Any performance data or comments expressed on the Site are indicative of past performance. Past performance is not a guarantee of future results, and there is no representation being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.

Forward-Looking Statements: The information on this website may include forward-looking statements. These statements can be identified by words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will,” or similar expressions. Please note that these statements are not guarantees of future performance and involve certain risks, uncertainties, and assumptions that are difficult to predict. Therefore, actual results may differ from what is expressed or forecasted in these forward-looking statements. RED DIAMOND CAPITAL PARTNERS is not obligated to update or clarify these statements, whether due to new information, future events, or other factors.

Site Contents: All content on this website, including text, images, graphics, logos, articles, and other materials, is the property of RED DIAMOND CAPITAL PARTNERS or others and is protected by copyright and other laws. Trademarks and logos displayed on the site belong to their respective owners, who may or may not be affiliated with RED DIAMOND CAPITAL PARTNERS. You are not granted any license or right to use any content or trademark displayed on the site without written permission from RED DIAMOND CAPITAL PARTNERS or the respective third-party owner. Please be aware that RED DIAMOND CAPITAL PARTNERS may enforce its intellectual property rights to the fullest extent permitted by law.

Historical Documents: Certain sections of the website may provide access to historical documents that were published in the past. Please note that these documents may contain information that has since changed over time.

Use of Site: The information, materials, and content on this website may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create derivative works, or otherwise used for public or commercial purposes without the express written consent of RED DIAMOND CAPITAL PARTNERS.

You agree not to engage in actions that may damage or overload the website’s infrastructure, interfere with its functionality or appearance, attempt to extract information from the site, decompile or reverse-engineer its source code or software, violate any laws or regulations, or compromise the site’s security. Additionally, you are prohibited from using hidden text or metatags using “RED DIAMOND CAPITAL PARTNERS” or any trademarks without prior written consent. Any violation of these terms may result in legal action.

Our prior permission is required for (i) any commercial use of materials on the Site; (ii) making more than minimal copies of Site materials; and (iii) copying large portions of our Site, such as by bots, robots, or spiders that “harvest” the Site. If you seek permission for such use of our Site, please contact us at website@rdcp.us. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Permission to use the Site granted by this terms of use automatically terminates if you breach any of the terms and conditions contained herein. Notification to RED DIAMOND CAPITAL PARTNERS If you believe that anything posted on the Site infringes any intellectual property right that you own or control, please provide RED DIAMOND CAPITAL PARTNERS with the following written information: 1. Name, address, telephone number, email address and physical or electronic signature of the rights holder, or someone authorized to act on the rights holder’s behalf; 2. A description of the intellectual property that you claim has been infringed upon; 3. A description of where the material that you claim is infringing is located on the Site, with enough detail that RED DIAMOND CAPITAL PARTNERS may find it; 4. A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent or the law; and 5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf.

RED DIAMOND CAPITAL PARTNERS’s agent for notice of claims of intellectual property right infringement on the Site can be reached by email at website@rdcp.us. Modifications to Content We may, at our discretion, modify or discontinue any of the content of the Site, or any portion thereof, with or without notice. For this reason, each time you use the Site, you should visit and review the current Terms that apply to your use of the Site. Links to or from Other Websites The Site may contain links to, or may be linked from, other sites that are not maintained by us and to which we have not provided permission. We do not endorse, have any responsibility for, or make any representations about, any other sites, including their products and services, content, communications, and website use policies. RED DIAMOND CAPITAL PARTNERS has neither reviewed the contents of these third-party websites nor does RED DIAMOND CAPITAL PARTNERS claim any responsibility for the content or suitability of these third-party websites and RED DIAMOND CAPITAL PARTNERS makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such links. The use of third-party websites is entirely at your own risk. We expressly disclaim any responsibility for your access to or use of such other sites. By accessing these links, you acknowledge that such other sites or locations are not under the control of RED DIAMOND CAPITAL PARTNERS, and you agree that RED DIAMOND CAPITAL PARTNERS shall not be responsible for any information or additional links found at such site or location, or for your use of such information.

Nothing on or within these pages constitutes an offer to sell, or a solicitation for an offer to buy, any security or product of RED DIAMOND CAPITAL PARTNERS. RED DIAMOND CAPITAL PARTNERS is not responsible for any content posted by third parties on these pages. RED DIAMOND CAPITAL PARTNERS will not be responsible or liable, directly, or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms. Accessibility RED DIAMOND CAPITAL PARTNERS strives to provide individuals with disabilities with equal access to its programs and activities, including through an accessible website. If you have questions, comments, or encounter any difficulty in using the Site, please contact us at website@rdcp.us.

Disclaimer SITE, ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED AS IS AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RED DIAMOND CAPITAL PARTNERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Limitation of Liability BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT RED DIAMOND CAPITAL PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RED DIAMOND CAPITAL PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RED DIAMOND CAPITAL PARTNERS BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION EVEN IF RED DIAMOND CAPITAL PARTNERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER RED DIAMOND CAPITAL PARTNERS NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT. 4 RED DIAMOND CAPITAL PARTNERS RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Governing Law You agree that your use of the Site and any disputes relating to any of them shall be governed in all respects by the laws of the State of Georgia, without giving effect to its conflict of laws principles. The failure of RED DIAMOND CAPITAL PARTNERS to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit RED DIAMOND CAPITAL PARTNERS’s rights with respect to such breach or any subsequent breaches. Class Action Waiver You agree that if any dispute should arise between you and RED DIAMOND CAPITAL PARTNERS, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action. Arbitration Agreement You and RED DIAMOND CAPITAL PARTNERS mutually agree that any dispute of any kind arising out of the Terms, our Website Privacy Policy, or your use of the Site will be resolved through binding arbitration pursuant to the American Arbitration Association (“AAA”) in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer).

Any claim must be brought on an individual basis and seek no class relief. This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and RED DIAMOND CAPITAL PARTNERS that may arise out of the Terms, our Website Privacy Policy, or through the use of the Site. You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act. The hearing shall be conducted in the county of your residence. For any claim in which you seek US $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, RED DIAMOND CAPITAL PARTNERS will pay the costs and fees of the arbitration and the arbitrator will not seek reimbursement from you.

This section shall not apply to disputes that are not arbitrable by law. Severability If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions. Complete Agreement These Terms and our Website Privacy Policy constitute the entire agreement between you and RED DIAMOND CAPITAL PARTNERS relating to the public facing elements of the Site and your use of these portions of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to these portions. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. These Terms are not intended to modify or amend Other Agreements you may have with RED DIAMOND CAPITAL PARTNERS regarding other matters.

International Use The Site is operated and controlled by us in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. You agree to comply with all local laws, rules and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Site. The information on the Site 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 RED DIAMOND CAPITAL PARTNERS or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any matter made on the Site is void where prohibited. Termination Notwithstanding anything in these Terms or on the Site, RED DIAMOND CAPITAL PARTNERS reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by RED DIAMOND CAPITAL PARTNERS. Contact Information Thank you for visiting our Site. Please contact us at inquiries@rdcp.us if you have any questions about our Site or these Terms. Electronic mail or other communications through the Site to RED DIAMOND CAPITAL PARTNERS (or any of its employees, agents, or representatives) may not be secure and we do not guarantee the confidentiality of such communications.