Terms of Use

Effective Date: August 9, 2019

Terms of Use

Please read our Terms of Use carefully. These Terms of Use set forth the legally binding terms and conditions that govern your access to and use of the Site and all content and information on the Site (collectively, the “Content”). By accessing this Site, you agree to these Terms of Use. If you do not agree to these Terms of Use for any reason, please do not use this website. These Terms of Use may be modified by us at any time; any updates will be posted here and will be effective upon posting. Your continued use of the Site shall constitute your acceptance of these Terms of Use as modified.  

If you have any questions or comments about this website’s Privacy Policy and Terms of Use, you can e-mail us at info@pelotonequity.com or write to us at Peloton Equity, LLC, 10 Glenville St - The Mill, Greenwich, CT 06831.

Permitted Uses of Our Site and Content

All Content, trademarks, copyrights and other intellectual property on our Site are the intellectual property of Peloton or other parties. Peloton grants you a limited, personal, revocable, non-exclusive, non-transferable right to use the Site solely for your personal and non-commercial use. You may copy and print individual pages of the Site and Content solely for your personal, non-commercial use. However, you may not (i) extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Site; (ii) interfere with the functioning of the Site or restrict or inhibit others from using the Site; (iii) modify or alter the Content, post or “frame” it on or in another website, or remove or obscure any notices or other legends therefrom; (iv) exploit any of our Content commercially, forward it as a mass distribution, or post it on another website; (v) violate (or encourage or assist others to violate) any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others on this Site; (vi) attempt to violate the security of this Site, decompile or reverse engineer any portion of the Site or use or gain access to the identities, information or computers of others, through this Site; (vii) send through this Site any materials or communications that are unlawful or defamatory, indecent, harassing, or otherwise objectionable in our sole discretion; (viii) transmit any virus, worm, time bomb or similar system interference or corrupting agent through this Site; or (ix) use this Site to engage in any other unauthorized or unwelcome online conduct.  You may not use any trademark, service mark or logo of Peloton or any third party that appears on the Site without prior written consent. Peloton has the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response (including terminating your access to the Site), without notice to you. We may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that we deem appropriate.

Submissions

We welcome any questions, comments or other content you choose to submit to us through the Site (including through e-mail). Please be advised that any such communication or content that you send to us will be deemed non-confidential as between us, and we will be free to (and may allow others to) use, copy and distribute any content you submit to us, without compensating or notifying you.

Important Information Regarding Peloton Equity, LLC

In 2014, the investment team of Peloton spun off from Ferrer Freeman & Company, LLC (together with its affiliates, “FFC”).  As such, many of the portfolio company investments and related information contained herein are representative of investments made by Peloton’s investment team (as shown on the “Team” pages of this website) while in their respective capacities with FFC and refer to a subset of investments made by FFC through FFC’s affiliated funds, FFC Partners I, L.P. (FFC I), FFC Partners II, L.P. (FFC II), FFC Partners III, L.P. (FFC III), FFC Partners III – B, LLC (FFC III-B) and FFC Arcadia Investment, LLC (FFC SPV) (collectively, the “Predecessor Funds”) which are attributed to Peloton’s investment team. Attributed investments are comprised of investments made by FFC (i) that were sourced and/or materially managed by a member of the Peloton investment team while in such member’s respective role at FFC and (ii) in which a Peloton investment team member had an active role on the board of directors, however, it is important to note that other current or former investment professionals of FFC not affiliated with Peloton also had or have active involvement with the Peloton investment team investments. There is no guarantee that similar investments will be available to Peloton. Members of the Peloton Investment Team continue to manage certain portfolio companies of the Predecessor Funds. “EBITDA” as referenced herein is defined as earnings before interest, taxes, depreciation and amortization.

No Offer or Advice

You acknowledge that the Site and the Content are provided for informational purposes only and do not constitute an offer to sell, or a solicitation of an offer to sell or buy any securities, financial instruments, investments or other services, and may not be used or relied upon in connection with any offer or sale of securities, financial instruments, investments or other services.  An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.  Peloton is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell or hold any security or other investment or that you pursue any investment style or strategy. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Peloton or any of its affiliates. Nothing on the Site or in the Content constitutes investment, accounting, tax or legal advice.  If you would like such advice, you should consult with your own advisors with respect to your individual circumstances and needs.  Decisions based on use of the Site are your sole responsibility, and you agree that Peloton is not liable for any action you take or decision you make in reliance thereon. Dated Content speaks only as of the date indicated.

Past Performance

Any performance data or comments expressed on this Site or in the Content are an indication of past performance.  Past performance is not necessarily indicative of future results, and no representation or warranty is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate significantly.

Forward-Looking Statements

The Site contains forward-looking statements, which reflect our current beliefs, expectations, estimates, projections and/or opinions with respect to, among other things, the operations and performance of our businesses. 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 or phrases. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated or contemplated in such forward-looking statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Applicable to the Privacy Policy and Terms of Use

Links to Other Websites

This Site may contain links to, or may be linked from, the websites of third parties.  Peloton does not endorse, have any responsibility for, review, monitor or make any representations about, any other websites, including their products and services, content, communications and website use policies, and disclaims any responsibility for your access and/or use thereof. You are advised to review the terms of use and privacy policies of any website that you visit.   

International Use

The Site is operated and controlled by Peloton in the United States, and the Content is, unless otherwise specified, directed at residents of the United States. Peloton makes no claims, representations or warranties that the Site or Content is appropriate, lawful or may be viewed, used or accessed outside the United States. If you access the Site from outside the United States, you do so at your own risk and are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. Access to the Site from countries or territories from which such access is illegal is prohibited.

Limitations of Liability and Indemnification

None of Peloton, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) will be liable for any claims, liabilities, losses, costs or damages, including but not limited to special, incidental, direct, indirect, punitive or consequential damages, that result from your access or use of (or your inability to access or use) this Site, the Content or a website linked to this Site.  This is true even if Peloton has been advised of the possibility of such damages or losses.

You agree to indemnify and hold harmless Peloton and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your use of the Site, your violation of this Privacy Policy or Terms of Use or from any decisions that you make based on any information posted on this Site.

Disclaimer

THIS SITE IS PROVIDED BY PELOTON, AND YOUR USE OF THE SITE AND THE CONTENT IS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. PELOTON AND ITS RELATED PERSONS MAKE NO, AND HEREBY DISCLAIMS WITH RESPECT TO THE SITE AND THE CONTENT ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, , INCLUDING BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT. PELOTON DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT IS ACCURATE, RELIABLE, COMPLETE OR TIMELY, OR THAT THIS SITE WILL BE SECURE, FUNCTIONAL, AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.

Governing Law/Forum

This Privacy Policy and these Terms of Use are governed by New York law. If there is a dispute regarding this Privacy Policy, Terms of USe or your use of the Site, you agree that it shall be resolved solely in the state or federal courts located in New York City. You agree to waive trial by jury in any such action.