These Terms of Use (these “Terms”) govern your access to and use of innovating.capital (the “Site”), which is operated by ICA Advisors LLC, doing business as Innovating Capital (“Innovating Capital,” “we,” “us” or “our”). By accessing or using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.
1. Important information about this Site
No offer or solicitation
Nothing on the Site is an offer to sell, or a solicitation of an offer to buy, any security, fund interest or other investment product, or a recommendation of any investment or strategy. Any offer of interests in a fund or other vehicle managed or advised by Innovating Capital or its affiliates (each, a “Fund”) will be made only to eligible investors through that Fund’s confidential offering documents, which describe its risks, fees and other terms, and only where the offer is lawful. If anything on the Site differs from a Fund’s offering documents, the offering documents control.
Not advice
Content on the Site is general information only. It is not investment, legal, tax, accounting or other professional advice, and it does not take into account your objectives, financial situation or needs. Consult your own advisers before making any investment decision. Using the Site does not create an advisory, fiduciary or client relationship between you and Innovating Capital.
Risk and past performance
Investing in private funds, early-stage companies and special situations involves a high degree of risk, including the loss of your entire investment. Past performance is not indicative of future results. There is no assurance that any objective or strategy described on the Site will be achieved.
Companies and investments referenced
Any reference on the Site to a company, platform or investment is for illustration only. It is not a complete list of investments made by Innovating Capital, its principals or any Fund, it is not an indication of the performance of any Fund, and it should not be assumed that any company referenced was or will be profitable.
Forward-looking statements
The Site may contain statements about plans, objectives, expectations or intentions. These statements reflect our views when they were made, are subject to risks and uncertainties, and actual results may differ materially. We have no obligation to update them.
Third-party information
Some information on the Site may come from third parties. We believe those sources are reliable, but we have not independently verified the information and make no representation as to its accuracy or completeness.
Regulatory status
Innovating Capital Management, LLC, an affiliate of ICA Advisors LLC, is an exempt reporting adviser that files reports with the U.S. Securities and Exchange Commission (SEC). Exempt reporting advisers are not registered with the SEC as investment advisers and are not subject to all of the requirements that apply to registered investment advisers. Information about their SEC filings is available at adviserinfo.sec.gov.
Titles
Titles such as “Partner” and “Managing Partner” follow industry practice. They do not mean that the person is a partner of any legal partnership or that a partnership exists between that person and Innovating Capital or any Fund.
2. Using the Site
Subject to these Terms, we grant you a limited, revocable, non-exclusive and non-transferable license to view and use the Site for your own non-commercial information. You agree not to:
- copy, reproduce, modify, distribute or create derivative works from the Site or its content, except as these Terms allow;
- use any robot, spider, scraper or other automated means to access, collect or index the Site or its content;
- use the Site or its content to train, fine-tune or develop any machine-learning or artificial-intelligence model;
- interfere with or disrupt the Site, its servers or networks, or try to gain unauthorized access to them;
- introduce any virus, malware or other harmful code; or
- use the Site in any way that is unlawful or that infringes the rights of others.
We may change, suspend or discontinue any part of the Site at any time without notice, and we have no obligation to provide support or maintenance.
3. Information you send us
If you contact us, for example by email, you agree that any ideas, business plans, materials or other information you send that are not covered by a written confidentiality agreement signed by Innovating Capital are not confidential or proprietary to you, and that we may use them without obligation to you. We review many proposals and may already be considering, or may later consider, ideas similar to yours. How we handle personal information is described in our Privacy Policy.
4. Intellectual property
The Site and its content, including text, graphics, logos and design, are owned by or licensed to Innovating Capital and are protected by copyright, trademark and other laws. “Innovating Capital,” the Innovating Capital logo and monogram and related names and marks are trademarks of ICA Advisors LLC. You may not use them without our prior written consent. All rights not expressly granted in these Terms are reserved.
5. Third-party links
The Site may link to websites or services operated by others, such as LinkedIn and X. We do not control and are not responsible for their content, policies or practices, and a link is not an endorsement. Your use of a third-party site is governed by that site’s own terms.
6. Disclaimer of warranties
To the fullest extent permitted by law, the Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or free of errors, viruses or other harmful components. Information on the Site may be out of date, and we have no obligation to update it.
7. Limitation of liability
To the fullest extent permitted by law, Innovating Capital, its affiliates and their respective members, managers, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, data, goodwill or business opportunity, arising out of or relating to the Site or these Terms, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.
8. Indemnification
You agree to indemnify and hold harmless Innovating Capital, its affiliates and their respective members, managers, officers, employees and agents from any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of your use of the Site or your breach of these Terms.
9. Governing law and venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to the Site or these Terms will be brought only in the state or federal courts located in New York County, New York, and you consent to their jurisdiction.
10. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date at the top shows when they last changed. Changes take effect when posted, and your continued use of the Site after that means you accept the updated Terms.
11. General
These Terms and our Privacy Policy are the entire agreement between you and us about the Site. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them without restriction. Headings are for convenience only.
12. Contact
ICA Advisors LLC d/b/a Innovating Capital · 20 West 22nd Street, Suites 1609–1610, New York, NY 10010 · info@innovating.capital