The Terms of Use (“Terms of Use”) set forth below apply to the www.contourasset.com website (the “Site”), a service of Contour Asset Management LLC and its affiliates (referred to collectively as Contour, “we,” “us,” “our” and other similar pronouns). Please read the following Terms of Use before using the Site or any data, products, materials, information, or services contained on the Site. Should you not agree with any of the Terms of Use contained herein, then do not use the Site.

Contour may change the Terms of Use at any time, without prior notice. Such changes will be effective when posted. Any changes made to the Terms of Use will only apply prospectively. By continuing to use the site after Contour posts any such changes, you accept the Terms of Use as modified. It is your responsibility to review Contour’s Terms of Use on a periodic basis.

The Site is offered to you conditioned on your acceptance without modification of the Terms of Use and any other terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices, including the Terms of Use.

Contour will not treat a user of the Site as an investment advisory client by virtue of their accessing the Site.

Disclaimer

This information has been prepared solely for informational purposes and does not constitute an offer to sell, or a solicitation of an offer to buy or sell, any security, investment or other financial product, nor does it constitute a general solicitation, general advertising or direct selling effort under the Securities Act of 1933 of the United States. Any such offer or solicitation may be made only by delivery of a fund's confidential private placement memorandum and other offering documents. Visitors must make their own investment decisions based on their own investment objectives and financial position. Contour does not provide tax, legal, regulatory, or other advice, and Contour recommends that any investors seek advice from independent financial advisers, accountants, or attorneys as deemed necessary. Contour is not advising the visitor to take any particular action based on the information, opinions, or views contained on this Site, and a visitor’s acceptance is deemed by Contour as acknowledgement of these conditions. Contour does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable. Any investment products and services described herein have not been and will not be registered in the United States with the Securities and Exchange Commission.

THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE.

Restrictions on Use of this Site and its Content; Ownership of Site Content

Unless otherwise expressly noted, all information and materials, including without limitation images, illustrations, designs, icons, photographs, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Contour. No material or content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download and/or print one copy of individual pages of the Site for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, display, modify, transmit, reuse, repost, create derivative works from or otherwise use the content of the Site, including, without limitation, any text, information, graphics, images, audio and video, for public or commercial purposes without Contour's written permission. Modification or use of the content of the Site for any other purpose will violate the copyright and/or intellectual property rights of Contour.

Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without express written permission from Contour is strictly prohibited.

In addition, you may not, at any time: (i) "harvest" (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so); (ii) use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site (this prohibition does not apply to search engines accessing the site solely for web indexing purposes); (iii) "stream catch" (download, store or transmit copies of streamed content); (iv) obtain, or attempt to obtain, access to areas of the Site or the Contour systems that are not intended for access by you; (v) "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems; (vi) circumvent or reverse engineer the Site or its systems; or (vii) restrict or inhibit another user or users from using and enjoying the Site. All such conduct is strictly prohibited.

You also must comply with all applicable laws and contractual obligations when you use this Site.

Ownership of Submissions

If you submit any materials or content to this Site, you grant Contour a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for its business purposes, in any form, in any media, and via any technology it chooses, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant Contour these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Adviser Registration

Contour is a registered investment adviser under the Investment Advisers Act of 1940, as amended. The material contained on this Site is intended to present a general summary of Contour and is not soliciting any action based upon it. Further information on Contour and its products (including fee structure) may be obtained from Contour's Form ADV, which is available without charge upon request.

Linking Policies

The Site may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. Contour is not responsible for, and does not endorse, the content of any such sites, or the products and services sold on them, nor does Contour take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

You may not link to the Site without our express written consent. In addition, we reserve the right to revoke any consent to link to the Site upon notice.

Indemnification

You agree to indemnify, defend and hold Contour and its affiliates, and their respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of the Site, your submissions to the Site, or any violation of the Terms of Use, or applicable law, by you. Contour reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with Contour in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

Disclaimer of Warranties; Limitations of Liability

CONTOUR MAKES NO REPRESENTATION, WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND CONCERNING THE DATA, PRODUCTS, MATERIALS INFORMATION AND SERVICES CONTAINED ON THIS SITE. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CONTOUR SHALL NOT BE LIABLE FOR ANY DAMAGES, VIRUSES, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USING THIS SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY THE INFORMATION AT ANY TIME. WE CANNOT AND DO NOT GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOT WILL WE BE LIABLE FOR ANY IN ACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY SERVICE ON THIS SITE OR WITH ANY OF THE SITE’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CONTOUR ASSUMES NO LIABILITY, WHETHER CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR HAS ANY RESPONSIBILITY OF ANY KIND, FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR IN CONNECTION WITH THE FAILURE, INTERRUPTION, OR DISRUPTION OF ANY CONNECTION, COMMUNICATION, OR ACCESS TO THIS SITE, OR FOR ANY ERRONEOUS COMMUNICATION BETWEEN YOU AND CONTOUR. CONTOUR SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA, PRODUCTS, INFORMATION, MATERIAL AND/OR SERVICES AVAILABLE ON THE SITE. IN NO EVENT WILL CONTOUR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSS WHICH MAY ARISE FROM, OR DIRECTLY OR INDIRECTLY RELATE TO, (EVEN IF CONTOUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS) (I) YOUR USE OF THE DATA, PRODUCTS, INFORMATION, MATERIAL AND/OR SERVICES MADE AVAILABLE ON THE SITE, (II) ANY OTHER MATTER RELATING TO THIS SITE, (III) YOUR DOWNLOADING OF ANY INFORMATION, SOFTWARE OR OTHER MATERIALS THROUGH THE SITE, OR (IV) ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, OR RELATING TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. CONTOUR WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY CONTOUR OR THIRD PARTIES WITH RESPECT TO THE USE OF THE DATA, PRODUCTS, INFORMATION, MATERIAL AND/OR SERVICES OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.

Monitoring by Contour

Contour reserves the right to monitor and record activity on this Site for any and all or no reason, and to take all actions it deems necessary or appropriate in its sole discretion. Contour, however, has no obligation to do so. As a result of your use of this website, Contour may retain and use any information gathered from your use for its internal business purposes or in accordance with applicable regulatory requirements.

Changes to This Site

Contour reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that Contour will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

Contour reserves the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Jurisdiction and Governing Law

Any dispute concerning any matter herein, including the validity, termination, or enforceability of the terms, conditions or agreements herein, shall be governed by and interpreted according to the substantive laws of the state of New York without regard for its choice of law or conflict of laws principles. You irrevocably submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York and the courts of the State of New York located in the County of New York for any such dispute.

Contour controls and operates this Site from its offices within the United States of America, and unless otherwise specified, the materials displayed on this website are presented solely for the purpose of promoting services available in the United States, its territories, possessions, and protectorates. This Site and all information contained herein are not directed at or intended for distribution to, or use by, any person or entity in any jurisdiction or country where the distribution or use of such information is contrary to the laws or regulation of such jurisdiction, or such distribution or use would subject Contour to any registration requirement within such jurisdiction or country within such jurisdiction or country. Those who access this Site do so on their own initiative and are responsible for compliance with all applicable local laws.

Electronic Communications

The communications between you and us via this Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from Contour in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Severability

If any provision of these Terms of Use shall be deemed 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. Contour reserves the right to alter or delete materials from the Site at any time at its discretion.

Other

These Terms of Use, together with any additional terms and conditions that are referenced herein or that otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Last Updated: July 29, 2015

Contour Asset Management LLC and its affiliates (referred to collectively in this policy as Contour, “we,” “us,” “our” and other similar pronouns) respect your privacy as a visitor to the www.contourasset.com website (the “Site”). It is important for you to understand what information Contour collects about you during your visit and how we will use, disclose and protect this information once it is collected, and how you can opt-out of some of our uses and disclosures of your information. This Privacy Policy services as a supplement and is not intended to replace the Contour Asset Management Privacy Notice.

As our business evolves, this Policy may change, so check back to this page periodically to make sure you understand how your personal information will be treated. This Policy does not apply to information that you may provide to us, or that we may obtain, other than through this Site, such as over the phone, by mail or in person, or otherwise through the provision of our investment management services to our clients.

If you are located outside of the United States, you should know that the information you provide to us is being transmitted to us and processed in the United States and will be protected subject to this Policy and United States laws, which may not be as protective as the laws in your country. Also, this Site places cookies and local shared objects on your computer or device which are further described below. By visiting the Site, you agree to the terms of this Privacy Policy.

Opt In and Opt Out

You may have the right to opt in to or opt out of certain of our uses and disclosures of your Personal Information. For example, when you are asked to provide Personal Information on this Site, you may have the opportunity to elect to, or not to, receive messages from us by e-mail. If you wish to opt-out, please email jennifer.brokaw@contourasset.com. Please understand that it may take us a few days to process any opt out request and that even if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

The Types of Information Contour Collects About You

User-Provided Information

“Personal identifiable information” is information that can be used to identify you as an individual or allow someone to contact you, as well as information attributed with such information. Contour may collect personally identifiable information such as your name, e-mail address, phone number, and facsimile number. Contour may collect personally identifiable information by various means, including when you submit a comment or question to us using a “Contact Us” or similar feature on the Site or when you send us an e-mail to an e-mail address listed on the Site.

Site Usage Information

As is the case with many Web sites, our servers automatically collect your IP address when you visit the Site, and we may associate that with your domain name or that of your Internet access provider. We may also capture certain “clickstream data” pertaining to your Site usage. Clickstream data includes, for example, computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; the full Uniform Resource Locator (URL) clickstream to, though, and from the Site, including date and time; cookie number; and the phone number you used to call Contour. During some visits Contour may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

By using the Site, you consent to Contour’s use of these tracking technologies as described above.

How Contour Uses Your Information

We or our service providers may use the information we collect from and about you, including User-Provided Information and Site Usage Information, to perform the following business functions:

• enabling users to use our Site and its features;
• administering the Site;
• responding to your requests or questions;
• other purposes disclosed when personal information is submitted to us.

To perform the above functions, we may match information collected from you through different means or at different times, including both personal information and Site Usage Information, and use such information along with information obtained from other sources and publicly accessible information (such as information available publicly on the Internet). This information includes, for example, demographic information and updated contact information. We or our service providers may also use your information to assess the level of interest in, and use of, the Site, our e-mails and our other messaging campaigns both on an individual basis and in the aggregate.

How Contour Shares Your Information

We may share the information we collect on the Site with others for a variety of reasons. We share your information, including the types listed in the User-Provided Information and Site Usage Information sections listed above with third parties who need your information in order to provide services to us (or on our behalf). In addition, we may share your information:

• When we believe in good faith that disclosure is necessary to protect our rights or property, or protect your safety or the safety of others;
• To our affiliates and service providers (e.g., our attorneys, accountants and auditors, lending institutions, third party administrators and record keepers for our funds, and entities that assist us with the distribution of stock to our investors), to the entities into which Contour has invested, and to the sponsors of such entities;
• At your direction or with your consent, including upon your authorization to disclose such information to persons acting in a fiduciary or representative capacity on your behalf;
• To respond to a subpoena or court order, judicial process or regulatory inquiry; andin connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets or wind down of business.

In addition, we may share non-personally identifiable Site Usage Information (including aggregate data) with others, for their own use, in a form that does not include your name or contact information.

Do Not Track Disclosures

Some web browsers may transmit “do-not-track” (DNT) signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not change our tracking practices (which are explained in more detail under “Site Usage Information” above) in response to DNT settings in your web browser.

Our third-party partners collect information about your online activities over time and across our Site and other online properties. These third parties may not change their tracking practices in response to DNT settings in your web browser and we do not obligate these parties to honor DNT settings.

Wireless Addresses

If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages from us at such address unless and until you tell us not to send messages to that address, by emailing jennifer.brokaw@contourasset.com. Your wireless carrier’s standard rates will apply if you are receiving messages at a wireless e-mail address. If you give us a wireless e-mail address, you represent that you are the owner or authorized user of the device on which messages will be received and that you are authorized to approve the applicable charges.

Your Access Rights

You may request that we update or delete certain of your Personal Information and Site Usage Information, subject to some conditions, by contacting us using the “Contact Us” information below. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information. Your right to delete your information is subject to our records retention policies and applicable law.

Security

While we endeavor to protect the security and integrity of sensitive Personal Information collected via this Site, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that any information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.

If you correspond with us by e-mail or using Web forms like a “contact us” feature on our Site, you should be aware that your transmission might not be secure. A third party could view the information you send in transit by such means. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

If at any time during or after our relationship we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to notify you as promptly as possible under the circumstances. If we have your e-mail address, we may notify you by e-mail to the most recent e-mail address you have provided us. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your e-mail account using your computer or mobile device and email application software. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at jennifer.brokaw@contourasset.com.You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this e-mail address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your Personal Information.

“Linked-To” Web Sites

The Site may contain links or widgets that lead to other Web sites. We are not responsible for these other sites, and so their posted privacy policies (not this Policy) will govern the collection and use of your information on them. We encourage you to read the privacy statements of each Web site visited after leaving the Site to learn about how your information is treated by others.

Changes to this Privacy Policy

We may change this Policy from time to time. When we do, we will let you know by posting the changed Policy on this page with a new “Last Updated” date. In some cases (for example, if we significantly expand our use or sharing of your personally identifiable information), we may also tell you about changes by additional means, such as by sending an e-mail to the e-mail address we have on file for you. In some cases, we may request your consent to the changes.

Contact Us

If you have any questions or comments regarding our privacy practices, or if you wish to request access to, correct or delete any personal information that you have provided to us, you may contact us at:

Webmaster

Contour Asset Management LLC

99 Park Avenue, Suite 1540

New York, NY 10016

Last Updated: May 1, 2019