Terms and Conditions

These Terms and Conditions of Use (“Terms and Conditions”) are between you and 1623 Capital LLC (“we,” “1623,” “1623 Capital,” or “us”), and they apply to and govern your use of the 1623 Capital website, located at 1623capital.com (the “Site”). By accessing the Site, you acknowledge and agree to accept the following Terms and Conditions. These Terms and Conditions constitute a binding agreement between you and 1623 Capital and govern your access and use of the Site. If you do not agree to be bound by these Terms and Conditions, you may not access or otherwise use the Site.

Your visit to the Site is subject to these Terms and Conditions and our Privacy Policy. By visiting the Site, you agree to these Terms and Conditions and Privacy Policy, which may be updated by us at any time. Any changes to the Terms and Conditions will be posted here and will take effect immediately upon posting. You may contact 1623 Capital by email (info@1623capital.com) with questions about these Terms and Conditions.

Limited License and Restrictions On Use

1623 Capital grants you a revocable, non-exclusive, non-transferable, limited right to access, use, display, and print the pages within the Site and the materials thereon for your personal and informational use only, provided that you comply fully with these Terms and Conditions, as well as any other rules, procedures, policies, terms, or conditions that govern all or any portion of the Site. At any time, and for any reason, we may revoke your right to use all or any portion of the Site. You shall not:

modify, delete, copy, reproduce, repackage, publish, broadcast, license, transmit, distribute, display, perform, redeliver, frame, create derivative works from, participate in the transfer or sale of, post on the Web, or exploit the Site, or any portions thereof, including, without limitation, any text, images, articles, photographs, illustrations, audio, video clips, graphics, interface information, data, tools, products, and other content or other materials on, generated by, or obtained from the Site (together, “Content”), without our express written permission;
violate or attempt to violate the security of the Site in any way through any means or device, including, without limitation, spamming, hacking, or uploading computer viruses or time bombs, or through the means expressly prohibited by any provision of these Terms and Conditions;
use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of the Site;
take any action that damages or disrupts the functioning of the Site or our systems, or that imposes an unreasonably or disproportionately large load on our infrastructure;
decompose, decompile, reverse-engineer, disassemble, or otherwise deconstruct all or any portion of the Site; or
remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Site.

Ownership and Intellectual Property Policy

All Content and information, and all trademarks, logos, copyrights, and other intellectual property displayed on the Site is owned by 1623 Capital. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. We own the copyright in the entire Site, including a copyright in the selection, coordination, arrangement, and enhancement of the Site. You agree to abide by any and all copyright notices, information, or restrictions displayed on the Site. The Site may also contain trademarks or service marks that are owned by 1623 Capital, and you may not use any such marks without our written permission.

You may download or copy Content only to the extent such download is expressly permitted in writing on the Site. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content or the Site.

Links

The Site may contain links and pointers to other websites and resources (the “Linked Sites”). These links are provided for your convenience and for your reference only. These links do not constitute an endorsement by or association with 1623 Capital or any third-party resources or their contents. Hyperlinks do not imply that 1623 Capital is affiliated or associated with or is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any Linked Sites are authorized to use any trademark, trade name, logo, or copyright symbol of 1623 Capital. If you access any Linked Site through the Site or otherwise, you do so at your own risk. 1623 Capital is not responsible for information on any Linked Site that is referred in, or accessible or connected by hyperlink to, the Site.

Information and Content

The Site is for informational purposes only. Nothing on the Site is an offer or solicitation to buy or sell any security, investment, private company or similar. Although the Site may include investment-related information, nothing on the Site is a recommendation that you purchase, sell, or hold any security or other investment, or that you pursue any investment style or strategy. You will use the Content at your own risk and bear the sole responsibility of evaluating the merits and risks associated with the use of any Content on the Site before making any decisions based on such Content. We do not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax, or legal advice. Dated Content speaks only as of the date indicated or published. We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated, or otherwise inappropriate. You agree that we are not liable for any action you take or decision you make in reliance on any Content. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY, OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

The Site contains forward-looking statements, which reflect our current views (or views at the time of the dated publication) with respect to, among other things, general market commentary or the performance and operations of our business. “Forward-looking statements” are statements that speculate future outcomes based on current and/or past data, involve risks and uncertainties, and do no guarantee any particular results. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate,” or the negative version of these words or other comparable words. Actual results may materially differ from any expectations, projections, market outlooks, estimates, or predictions (“Predictions”) made or implicated in such forward-looking statements. Predictions are not, nor should they be construed as, indicative of the actual results that will occur We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments, or otherwise.

Privacy Policy

1623 Capital is committed to protecting your privacy and security. Personal nonpublic information that we gather from you will be governed by our Privacy Policy. We have the right but not the obligation to monitor and record activity on the Site and respond as we deem appropriate. We may investigate any complaint or reported violation of our policies, and we may report any activity that we suspect may violate any law or regulation to regulators, law-enforcement officials, or other persons or entities that we deem appropriate. Furthermore, we may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.

Changes to Site

We may change all or any portion of the Site at any time without notice to you.

Unavailability of the Site

1623 Capital is not liable for any technological problems and any impact that it may have. All or any portion of the Site may not be available and may not function properly at any time. We make reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems, such as viruses and other damaging computer programming routines or engines. We take reasonable security precautions when using the Internet or other means to transport data or other communications, but we disclaim liability for any interception of data or communications. We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site. We are not liable for any defects, delays, or errors in or resulting from your use of the Site.

Warranty Disclaimers

1623 CAPITAL DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE SECURITY, AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.

Liability and Indemnity

1623 CAPITAL’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITE, OR THE INABILITY TO USE THE SITE, EVEN IF WE, OR AN AUTHORIZED REPRESENTATIVE, HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOU WILL BE RESPONSIBLE FOR ANY LIABILITY TO 1623 CAPITAL THAT ARISES OUT OF YOUR BREACH OF THIS USER AGREEMENT OR YOUR USE OF THE SITE. YOU AGREE TO INDEMNIFY 1623 CAPITAL AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND THIRD-PARTY SOURCES AGAINST ANY AND ALL SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT ARISE FROM OR RELATE TO YOUR USE OF THE SITE; YOUR BREACH OF THESE TERMS AND CONDITIONS; YOUR VIOLATION OF ANY APPLICABLE LAW, STATUTE, ORDINANCE, REGULATION, OR ANY THIRD PARTY’S RIGHTS; OR CLAIMS ASSERTED BY THIRD PARTIES WHICH, IF PROVEN, WOULD PLACE YOU IN BREACH OF THIS USER AGREEMENT.

Non-US Residents and Applicable Law

The Site is hosted in the United States of America.

1623 Capital and its representatives may transact business only in states where they are registered, excluded, or exempted from state registration requirements. 1623 Capital does not claim that materials in the Site are appropriate or available for use in locations other than Delaware. 1623 Capital makes no representations or warranties that the pages or other materials on the Site are appropriate for use outside the United States. If you choose to access the Site from a location outside the United States, you do so at your own risk and are responsible for complying with all applicable local laws. No investment product or service referred to on the Site is intended to be made available in any country or other jurisdiction where such availability (or offer or sale of such product or service) would violate applicable laws or regulations. The Site will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to conflicts of law provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be an appropriate state or federal court located in the City of Alexandria in the State of Virginia, and you hereby irrevocably consent to the jurisdiction of such courts.

Changes to Terms and Conditions

1623 Capital reserves the right to change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time without notice. Changes in these Terms and Conditions will be effective immediately upon posting unless we indicate otherwise. You agree to review these Terms and Conditions periodically to be aware of any changes. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

Severability and Entire Agreement

If any provision of these Terms and Conditions are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions shall remain in full force and effect. These Terms and Conditions constitute the entire understanding, and supersedes all other understandings, between you and 1623 Capital concerning the subject matter hereof.

Assignment

We may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations under these Terms and Conditions. Any purported assignment of these Terms and Conditions in violation of its terms is void.

Last Updated: July 14, 2023