Legal

General:

Thank you for your interest in our Website at www.hofcapital.com. HOF Capital Management, LLC (“HOF”) is providing this Website as an information service to the Internet community. Use of this Website and access to the material it contains is subject to the following terms and conditions as well as all applicable laws. Your access to and browsing of the Website constitutes your full acceptance of these terms and conditions. If you do not agree to abide by these terms and conditions, do not use this Website. All material on this Website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in this Website constitutes professional and/or financial advice. No action should be taken or omitted to be taken in reliance upon information on this Website. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance.  HOF reserves 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.

Information Submitted to HOF:

Do not send any information to HOF that constitutes a trade secret or is confidential or proprietary. HOF cannot agree to obligations of confidentiality or non-disclosure with regard to information submitted to it. By submitting information or materials to HOF, you and anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. HOF is not obligated to review any information or materials sent to it, HOF reserves the right to reject information or materials in its sole discretion and HOF shall be under no obligation to return any information or materials to you. It is possible that HOF will receive a number of similar plans and ideas, you understand that your idea may have previously been submitted to HOF and may be under our consideration. In no event shall HOF be limited or restricted from pursuing any opportunities with others.

Linked Sites:

When you select certain hyperlinks you will be leaving the HOF Website. These hyperlinks take you to publicly available sites, which are not within the control of HOF. HOF and its affiliates make no warranties, either express or implied, concerning the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do HOF and its affiliates warrant that such sites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Links to the non-HOF sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

Portfolio Companies:

The companies identified on this Website comprise the portfolio holdings of HOF funds as of November 1st, 2022. Any portfolio company described on this Website may not be representative of all investments made by any HOF fund and is intended to be illustrative of the types of investments that may be made by such HOF fund.  Readers should not assume that any companies identified herein have been, will be or will continue to be profitable. Past performance is not indicative of future results, which may vary.

Certain Information Contained on the Website:

Certain information (including without limitation, text, graphs, charts and other visual aids) contained on this Website has been obtained from other parties. While such sources are believed to be reliable, neither HOF, nor its affiliates assume any responsibility for the accuracy or completeness of such information. The information set forth on the Website does not purport to be complete and no obligation to update or otherwise revise such information is being assumed. 

No Offer, Solicitation or Advice:

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. This Website makes no effort to present a comprehensive or balanced description of HOF or its investment activities. Any investments in funds managed by HOF are offered to selected investors only by means of a complete offering memorandum or similar documentation and related subscription materials which contain significant additional information about the terms of an investment in any such fund (such documents, the “Offering Documents”). Any decision to invest must be based solely upon the information set forth in the Offering Documents. All investments involve risks, including the risk that the entire amount invested may be lost. Alternative investments are appropriate only for eligible, long-term investors who are willing to forgo liquidity and put capital at risk for an indefinite period of time.

Copyright:

All material on this Website is copyrighted by HOF Capital Management, LLC 2021. All rights reserved. Other than as necessary for the purpose of viewing the Website in the course of a business it is strictly forbidden to copy any material on this Website for commercial use or to republish any or all of the contents of this Website on a proxy server, cache or other similar form of storage. All trademarks, trade names and logos displayed on this Website are proprietary to HOF, its affiliates, or their respective owners, and this Website grants no license to them. 

Enterprise Values:

Any enterprise values listed on our website reflect numerous assumptions with respect to industry performance, general business, economic, geo-political, market and financial conditions and other matters, all of which are difficult to predict and beyond our control. Such enterprise values also reflect numerous estimates and assumptions related to the applicable portfolio company’s business that are inherently subject to significant economic, political and competitive uncertainties, all of which are difficult to predict and many of which are beyond our control.  As a result, although the enterprise values set forth on our website were calculated in good faith based on assumptions believed to be reasonable at the time the enterprise value was calculated, there can be no assurance that the assumptions made in preparing such enterprise value will prove accurate or that the enterprise value reflected therein will be realized upon any liquidity event

Forward-Looking Statements:

The material on this Website may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, HOF itself or its investments. Forward-looking statements can be identified by the use of words such as “anticipate,” “intend,” “believe,” “estimate,” “plan,” “seek,” “project,” “expect,” “may,” “will,” “would,” “could” or “should,” the negative of these terms or other comparable terminology.  Examples of forward-looking statements include statements relating to macroeconomic conditions, expectations regarding future growth, including future revenue and earnings increases, margins, free cash flow projections and annual growth rates; growth plans and opportunities, including our strategies for future or potential acquisitions, product expansion, targets and geographic expansion; estimated returns on in future; and assumptions underlying these expectations.  These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, HOF  undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.

Disclaimer:

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS”. NEITHER HOF NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE. HOF AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. HOF AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

Limitation of Liability:

Under no circumstances will HOF or its affiliates be liable for any consequential, incidental, special, punitive, or exemplary damages arising out of any use of or inability to use the Website or any portion thereof, regardless of whether HOF or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOF’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF HOF WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

Indemnification:

You agree to indemnify and hold HOF (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites, (b) your violation of these terms or (c) your violation of applicable laws or regulations. HOF reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of HOF. HOF will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Modification of these Terms:

HOF reserves 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.