Terms & Conditions

These Terms of Use govern your use of our website provided by Yield Capital Corporation. By accessing and using the Website, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 12. If you do not agree, please refrain from using the Website.

We may modify these Terms, and any changes will be notified to you through email, notices on the Website, or an update to the date at the top of these Terms. Your continued use of the Website after such notice indicates your acceptance of the changes. If you disagree with the amended Terms, cease using the Website.

For inquiries about these Terms or our Website, please contact us at contact@yieldcapitalcorporation.com.

No Offering

This website serves as a general communication for informational purposes only and should not be considered advice or a recommendation regarding any security or asset. It does not constitute an offer to sell or the solicitation of an offer to buy any security, product, or service of Yield Capitals, or any fund for which we act as an investment manager or general partner, whether existing or contemplated. Offers for such funds can only be made through the fund’s confidential private placement memorandum and in compliance with applicable law. Yield Capitals is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Operating as an Exempt Reporting Adviser (ERA), it is not required to register with the SEC or any state regulatory agency.

Forward-Looking Statements

This website may contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements involve discussions related to Yield Capital’s expectations concerning business performance, liquidity, capitals resources, and other non-historical matters. Forward-looking statements on this website are based on our beliefs and assumptions made by Yield Capitals with information currently available. Words like “believe,” “anticipate,” “estimate,” “expect,” “intend,” or future-oriented verbs such as “will,” “should,” “could,” or “may,” and variations of these words or similar expressions aim to identify forward-looking statements. Although Yield Capitals believes the assumptions and expectations reflected in these forward-looking statements are reasonable, there is no assurance that these expectations will prove correct, and actual results may differ. These statements are subject to risks, uncertainties, and assumptions, including dependence on key personnel, raising new private equity, credit or real asset funds, market conditions, managing growth, fund performance, changes in regulatory environment and tax status, revenue variability, use of leverage, and litigation, regulatory, and compliance risks, among others. These factors should not be seen as exhaustive, and we undertake no obligation to publicly update or review any forward-looking statements, whether due to new information, future developments, or otherwise, except as required by applicable law.

Privacy

To understand how we collect, use, share, and process information about you, please refer to our Privacy

Eligibility

To use our website, you must be at least 18 years old. If you are using our website on behalf of someone else or an entity: (a) all mentions of ‘you’ in these Terms include that person or entity, (b) you affirm that you have the authority to accept these Terms on their behalf, and (c) if you or the represented person or entity violates these Terms, they agree to be accountable to us.

User Accounts and Account Security

To access certain restricted webpages on the Website, you may need to register for an account. If you choose to register, you must provide accurate account information and promptly update it if there are any changes. It is your responsibility to maintain the security of your account and inform us promptly if you discover or suspect unauthorized access. If you allow others to use your account credentials, you are accountable for their activities related to your account. We retain the right to reclaim usernames, including on behalf of individuals or businesses with legal claims, such as trademark rights.

Prohibited Conduct and Content

While using our Website, you must adhere to all applicable laws, contracts, intellectual property rights, and other third-party rights, and avoid committing torts. You are solely responsible for your conduct on our Website and must not:

• Attempt unauthorized use of another user’s account;
• Copy, reproduce, distribute, publicly perform, or publicly display our Website, except as expressly permitted by us;
• Modify our Website, remove proprietary rights notices, or create derivative works based upon our Website;
• Employ hardware or software to damage, disable, overburden, or impair the functioning of our Website;
• Engage in reverse engineering or any activity aiming to discover source code or bypass measures preventing or limiting access to any part of our Website;
• Try to access any feature or area of our Website without proper authorization;
• Utilize data mining, robots, or similar methods to scrape or extract data from our Website; or
• Use our Website for illegal or unauthorized purposes or promote activities that violate these Terms.
• Enforcement of this Section 6 is at the sole discretion of Yield Capitals, and failure to enforce it in some instances does not waive our right to enforce it in others. Additionally, this Section 6 does not establish any private right of action for third parties or any reasonable expectation that the Website will be free of prohibited content.

Ownership; Limited License

The Website, including text, graphics, images, photographs, videos, illustrations, and other content, is the property of Yield Capitals and is protected by both United States and foreign laws. All rights to the Website, unless explicitly stated otherwise in these Terms, are reserved by us. Upon your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, non-sublicensable, and revocable license to access and use our Website.

Third-Party Content

References and links to third-party products, content, services, activities, or events (collectively, “Third-Party Content”) may be provided on the Website. We offer Third-Party Content solely as a convenience, and we neither control nor endorse, nor make any representations or warranties regarding, any Third-Party Content. Your access to and use of such Third-Party Content are at your own risk.

Disclaimers

Yield Capitals makes no representation or warranty, express or implied, regarding the accuracy, reasonableness, or completeness of any information on this Website, including information obtained from third parties, even though we believe information from third parties is correct (but we have not independently verified such information). The content on this Website is not intended to provide, and should not be relied upon for, accounting, legal, or tax advice or investment recommendations. Past performance does not guarantee future returns, and there is no assurance that any strategy discussed on this Website will achieve its objectives.

Your use of our Website is at your sole risk. Unless otherwise specified in writing by us, this Website and its content are provided “as is” and “as available” without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, Yield Capitals does not guarantee that our Website is accurate, complete, reliable, current, or error-free. While Yield Capitals strives to make your use of our Website and its content safe, we cannot guarantee that our Website or servers are free of viruses or other harmful components. You assume the entire risk regarding the quality and performance of the Website.

Limitation of Liability

To the maximum extent permitted by applicable law, Yield Capitals shall not be held liable under any legal theory—whether grounded in contract, tort, negligence, strict liability, warranty, or otherwise—for any failure to maintain the accuracy, quality, reliability, or performance of the Website, the failure to provide or sustain your access to the Website, any interruption, delay, or disruption in your access to the Website, or the breakdown of any connection or communication service related to the Website.

The limitations outlined in this Section 10 will not restrict or exclude Yield Capital’s liability for any matters where liability cannot be excluded or limited under applicable law. Furthermore, certain jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Transfer and Processing of Data

To facilitate the provision of our services, you consent to the processing, transfer, and storage of information about you in the United States and other countries. Please note that in these locations, you may not have the same rights and protections as you do under local law.

Dispute Resolution; Binding Arbitration

Carefully review the following section, as it mandates arbitration for certain disputes and claims involving Yield Capitals and the Website, restricting how you can seek resolution from us unless you choose to opt out of arbitration as per the provided instructions. This arbitration agreement prohibits class or representative actions or arbitrations and also prevents you from pursuing a court lawsuit or a trial by jury.

No Representative Actions. Both you and Yield Capitals acknowledge that any dispute arising from or related to these Terms or our Website is personal in nature. As such, any dispute will be exclusively resolved through individual action and will not be pursued as a class arbitration, class action, or any other representative proceeding.

Arbitration of Disputes. Except for small claims disputes eligible for individual action in small claims court located in the county of your billing address or disputes involving the seeking of injunctive or other equitable relief for alleged unlawful use of intellectual property, both you and Yield Capitals relinquish the right to a jury trial and to have any dispute arising from or related to these Terms or our Website adjudicated in court. Instead, you agree to attempt an informal resolution by contacting Yield Capitals first and sending a written Notice of your claim to Yield Capitals via email at contact@yieldcapitalcorporation.com or by certified mail to Yield Capitals, LLC; Location Atlanta Georgia America, Poland. The Notice should include your name, residence address, email address, telephone number, describe the nature and basis of the claim, and specify the relief sought. Yield Capitals will provide a similar Notice if we need to address a dispute with you. If an agreement cannot be reached within thirty (30) days after the Notice is received, either party may submit the dispute to binding arbitration administered by JAMS, or in court under limited circumstances mentioned above. JAMS will conduct confidential, binding arbitration with one arbitrator, either in Poland, or via telephonic or video conference for disputes alleging damages less than $10,000, following the JAMS Streamlined Arbitration Rules and Procedures available on the JAMS website.

You acknowledge and agree that these Terms impact interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), governs the enforceability of this Section 12. Subject to the FAA and JAMS Rules, the arbitrator holds exclusive authority for all procedural and substantive decisions in a dispute, including the power to decide arbitrability. The arbitrator may only conduct individual arbitration, not consolidate multiple individual claims, preside over any class or representative proceeding, or oversee any proceeding involving more than one individual.

You, Yield Capitals, and the arbitrator will maintain the confidentiality of arbitration proceedings, judgments, and awards, with the arbitrator having the power to make rulings to preserve confidentiality, unless law dictates otherwise. This confidentiality duty does not apply if disclosure is essential for arbitration hearing preparation or conduct, court application for a preliminary remedy, judicial challenge to an arbitration award, or as required by law or judicial decision.

For any arbitration initiated by you, you will pay the filing fee, and Yield Capitals will cover the remaining JAMS fees and costs. If initiated by Yield Capitals, we will cover all JAMS fees and costs. Both you and Yield Capitals agree that the state or federal courts of the State of New York and the United States sitting in New York County, New York, have exclusive jurisdiction over appeals and enforcement of an arbitration award.

Any claim arising from or related to these Terms or our Website must be filed within one year after the claim’s occurrence; otherwise, the claim is permanently barred, precluding you and Yield Capitals from asserting it.

You have the option to decline binding arbitration within 30 days from the date of your initial acceptance of the terms in this Section 12 by sending an email to us at info@yieldcapitalcorporation.com. To be effective, the opt-out notice must include your full name and address, clearly indicating your intention to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes as outlined in Section 13.

If any part of this Section 12 is determined to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be separated from these Terms; (b) the separation of the unenforceable or unlawful provision shall not impact the remainder of this Section 12 or the parties’ ability to compel arbitration for any remaining claims individually under this Section 12; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Furthermore, if any part of this Section 12 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought outside of arbitration, and the rest of this Section 12 will be enforceable.

Governing Law and Venue

Any dispute arising from these Terms and your use of the Website will be governed by, construed, and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York County, New York.

Modifying and Terminating our Services

We reserve the right to modify our Website or to suspend or discontinue providing all or parts of our Website at any time. You also have the right to cease using our Website at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

The failure of Yield Capitals to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and do not confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.