Legal

TERMS OF USE AND REGULATORY INFORMATION

VISITORS TO THE MCCARTHY CAPITAL WEBSITE ARE REQUESTED TO READ THE FOLLOWING:

Thank you for visiting the website of McCarthy Partners Management, LLC (“McCarthy Capital”).  By accessing this website, you acknowledge and agree to accept the following terms and conditions of use (“Terms of Use”), which may be updated by McCarthy Capital at any time.  Any updates to the Terms of Use will be posted here and are effective upon posting.  As McCarthy Capital is under no obligation to alert the users of its website to such updates, you should consult this Terms of Use page each time you visit the website.

If you have any questions or comments about the Terms of Use, please contact us at info@mccarthycapital.com and (402) 932-8600. 

  1. Use of Website and Content

All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the website is owned by McCarthy Capital or others.  By visiting this website, you agree to not use any website content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute, download or modify any portion of it without advance permission.  Other trademarks, service marks, images and logos may be owned by other parties, who may or may not be affiliated with McCarthy Capital.  Nothing on this website shall be interpreted as granting, by implication, estoppel or otherwise, any license or right to use any content on this website without the written permission of McCarthy Capital or such other third party that may own such content. All rights not expressly granted are reserved.

  1. Investment Disclaimers

McCarthy Capital is an investment adviser registered with the United States Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940, as amended.  Registration of an investment adviser with the SEC does not imply a certain level of skill or training.

All information contained on this website, including any transaction described therein, is for informational and/or illustrative purposes only.  Statements contained on this website that are not historical facts are based on current views, forward-looking expectations, estimates, projections, opinions and/or beliefs of the McCarthy Capital team.  Such statements involve risks, uncertainties and other factors.  You should not rely on these statements as if they were facts.  This website is intended for the benefit of potential portfolio companies (including such companies’ senior management and ownership) of McCarthy Capital.  Potential investors in any McCarthy Capital fund should reference the separate due diligence portals and other materials that have been prepared for their benefit and any potential investors use of or reliance upon is specifically disclaimed and limited as further set forth below.  

The investments and strategies discussed throughout the website may not be suitable for all investors and are not obligations of or guaranteed by McCarthy Capital or any of its affiliates.  Nothing on this website is to be construed as a solicitation to offer investment advice or services.  Information about investing in McCarthy Capital funds is only available in the form of private placement memoranda and other offering documents.  These documents contain information to help investors evaluate McCarthy Capital funds’ investment objectives, risks, fees and expenses, among other factors, before considering an investment.  By using this website, you agree that McCarthy Capital is not liable for any action you take or decision you make in reliance on any website content.  Further information about McCarthy Capital is also available in McCarthy Capital’s Form ADV Part 2, filed with the SEC.

Past performance is not necessarily indicative, nor a guarantee, of future results and no representation is made that any fund will or is likely to achieve results that are similar to those of McCarthy Capital’s or its principals’ current or previous funds.  Prior investments may have been made under different market, economic or other conditions than those in which future investments and/or strategies will be pursued, and as a result may not be replicated.  Investors may lose part or all of their investment capital or face various other risks as described in the applicable offering documents. 

Due to the long investment history of McCarthy Capital, not all investments are included on our website.  Selected investments have been included for illustrative purposes only and have been chosen in order to provide examples of the types of investments previously made by McCarthy Capital.  A complete list of prior McCarthy Capital investments is available upon request.

  1. Linked Sites and Third-Party Information

Certain links, including links to portfolio company websites, are provided on this website.  These links are provided as a convenience and do not imply McCarthy Capital’s sponsorship or approval of any of these websites or their content.  McCarthy Capital has no control over or responsibility for other websites that may be accessible from this website, the contents thereof, their security or privacy policies or any products/services that may be offered by them.  If you access any third-party website through this website or because it is referred to in this website, you do so at your own risk.  Links to or from this website do not constitute an endorsement by McCarthy Capital of the parties or businesses which are so linked, nor do they necessarily indicate any affiliation between us and such parties or businesses.  McCarthy Capital encourages you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

  1. Website Security and Account Management

Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or access certain content.  Do not share your password or login ID with anyone, including anyone from McCarthy Capital.  If you share your password with a third party, you assume all responsibility for all such party’s activity related to this website.  You must notify McCarthy Capital immediately of any breach of security or unauthorized use of your account.  If McCarthy Capital determines you have violated these Terms of Use or applicable law, McCarthy Capital may terminate your access to this website and its features, cancel any related user accounts and/or delete all information associated with such accounts.  For further information regarding McCarthy Capital’s privacy procedures regarding the use of this website, please see McCarthy Capital’s privacy notice.

  1. Representations and Limitations of Liability

All website content is provided “as is” and “as available.”  McCarthy Capital makes no representations about the reliability of the website, its content or any other website features.  McCarthy Capital and its affiliates disclaim all liability in the event of claims, losses or damages arising out of or in connection with any access, use or distribution of the website.  McCarthy Capital, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents are not responsible for any damages or injury, including but not limited to special, indirect, incidental or consequential damages, that result from your use of (or inability to use) this website, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.  You understand and agree that your use of this website is predicated upon your waiver of any right to sue us or our affiliates or any of our or their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents directly or to participate in a suit for any losses or damages resulting from your use of this site.

  1. Governing Law, Jurisdiction and Severability

These Terms of Use will be governed by and construed in accordance with the laws of Nebraska without regard to conflicts of laws principles.  By using this website, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in Omaha, Nebraska, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.   You must commence any cause of action you may have with respect to your use of this website within one year after the claim or cause of action arises or such claim or cause of action will be deemed to have been waived.  If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  The failure of McCarthy Capital to enforce the strict performance of any provision of these Terms of Use shall not be a waiver by McCarthy Capital of its right to subsequently enforce such provision or any other provision or provisions of these Terms of Use.