Terms of Use
Thank you for visiting Virage Capital Management LP’s (“Virage”, “us”, “we” or “our”) Website (collectively, the “Website”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Website immediately. Virage reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Website after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
Disclaimer
NOTHING CONTAINED IN THE WEBSITE CONSTITUTES INVESTMENT, LEGAL OR TAX ADVICE. NEITHER THE INFORMATION, NOR ANY OPINION CONTAINED IN THE WEBSITE CONSTITUTES A SOLICITATION OR OFFER BY VIRAGE, ANY OF ITS AFFILIATES OR ANY FUND OR OTHER ENTITY MANAGED DIRECTLY OR INDIRECTLY BY ANY OF THE FOREGOING, TO BUY OR SELL ANY PARTNERSHIP INTERST, SECURITIES, FUTURES, OPTIONS OR OTHER FINANCIAL INSTRUMENTS. DECISIONS BASED ON INFORMATION CONTAINED ON THE WEBSITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE WEBSITE, YOU AGREE TO HOLD VIRAGE AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION. THE MATERIALS IN THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EITHER EXPRESS OR IMPLIED). TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIRAGE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED.
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Website are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Virage. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website, including, without limitation, any text, images, audio and video, for public or commercial purposes without Virage’s written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Virage. Virage will not treat users of this Website as its clients by virtue of them accessing this Website.
Jurisdiction
Unless otherwise specified, the materials in or accessible through the Website are directed at residents of the United States, its territories, possessions, and protectorates. The Website is controlled and operated by Virage from its offices within the State of Texas. Virage makes no representation that materials in or accessible through the Website are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Virage to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Website
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the domain name or made via this Website may not be secure. Communications to Virage, particularly those containing confidential information, should be sent by mail to:
Virage Capital Management LP
1700 Post Oak Boulevard, 2 BLVD Place, Suite 300
Houston, TX 77056
Virage will be free to use, for any purpose, without compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Website user to Virage through the Website.
Termination
These terms are effective until terminated by Virage, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if Virage, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Website and all copies and installations thereof, whether made under the terms of these terms or otherwise.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VIRAGE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL VIRAGE BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE WEBSITE, EVEN IF VIRAGE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT WILL THE TOTAL LIABILITY (IF ANY) OF VIRAGE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Links to Other Websites and Services
Virage does not review or monitor any Websites linked from or to the Website and none of them is or will be responsible for the content of any such linked Websites. Following links from or to such Websites is at your sole risk. Accordingly, neither Virage nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other Websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such Websites. Any links from or to other Websites are provided merely for the convenience of the users of the Website and the inclusion of these links does not imply an endorsement, representation or warranty by Virage with respect to any such linked Websites or the content, products or services contained or accessible through, or the operators of, such Websites. In addition, you agree not to link any of your Websites or any third-party Website to the Website without the express prior written consent of Virage. Virage reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a Website from or to the Website.
Waiver
No waiver by Virage of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
INTERNATIONAL USE
Virage makes no representation that materials on the website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws. Governing Law and Consent to Jurisdiction THESE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN HARRIS COUNTY, TEXAS AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
Other
If any provision of these terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. The preceding terms and conditions represent the entire agreement between Virage, on the one hand, and you, on the other, relating to the subject matter hereof.
Privacy Policy
This Privacy Policy sets forth guidelines concerning how Virage Capital Management LP (“Virage”, “us”, “we” or “our”) gathers and uses information about your interaction with this Website (the “Website”). This Privacy Policy concerns only this Website, and does not concern any Website to which this Website may link.
This Privacy Policy seeks to help you understand whether and how we collect information about you when you visit the Website, and how we use such information. Please read this Privacy Policy carefully, and consult our Terms of Use for more information about the general terms and conditions regarding your use of this Website. In the event that you have any questions or concerns about the guidelines set forth in this Privacy Policy please contact us at the following address:
Virage Capital Management LP
1700 Post Oak Boulevard, 2 BLVD Place, Suite 300
Houston, TX 77056
A. The Types of Information We Collect About You
When you visit and browse the Website, we may collect two different types of information about you: information you provide to us, and information we collect through technology.
1. Information You Provide to Us
In order to obtain access to certain services provided via the Website and request certain information regarding Virage directly from the company via the Website, you may be required to provide personally identifiable information such as your name, postal address, e-mail address, telephone number, facsimile number and investor status. You can choose not to provide this information, but then you might not be able to gain access to such information and services.
2. Information We Collect Through Technology
We may collect information about you through technology. For example, when you visit the Website, we may collect your IP address. (An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university.) Standing alone, your IP address is not personally identifiable. At times, we may also use IP addresses to collect information regarding the frequency with which visitors browse various parts of the Website. We may combine this information with personally identifiable information.
The Website may also use cookies. (Cookies are pieces of information that a Website sends to your computer while you are viewing the Website.) We and other companies use cookies for a variety of purposes. For instance, when you return to our Website after logging in, cookies provide information to the Website so that the Website will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your web browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that may make your browsing of the Website smoother, like the features mentioned above, and some of our services may not function properly.
The Website may also use other technical methods to track visitor usage, including web beacons. (“Web beacons” are small pieces of data that are embedded in images on the pages of a Website.) We may also use these technical methods to analyze the traffic patterns on the Website, such as the frequency with which our users visit various parts of the Website. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We may also use these technical methods in HTML e-mails that we send visitors to the Website to determine whether such visitors have opened those e-mails and/or clicked on links in those e-mails. We may collect the information from use of these technical methods in a form that is personally identifiable. To the extent we are able to do so, we may link your non-personally identifiable information with your personally identifiable information. We may also link information collected online with information we collect offline or that is collected online by third parties.
Also, our third-party service providers may ask you voluntarily to provide personal information on their Websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider's privacy policies and not this Privacy Policy.
We may provide links on the Website to third parties. In addition, third parties may also provide links to the Website. Should you choose to visit these third party Websites, you should review their privacy policies to ensure you understand and are comfortable with their practices concerning your personal information. We do not accept, and do disclaim, any responsibility for the privacy policies and information protection practices of any third party Website (whether or not such Website is linked on or to the Website). These links are provided to you for convenience purposes only, and you access them at your own risk.
B. How Personally Identifiable Information We Collect About You is Used
We may use personally identifiable information we collect about you when you visit and browse the Website in many ways. Representative examples of the ways in which we may use personally identifiable information we collect about you when you visit and browse the Website are set forth below.
1. Use in Connection with Normal Business Operations
Although, we do not sell your personal information to third parties, we may use or share certain personally identifiable information we collect about you when you visit and browse the Website as part of our normal business operations (such as processing your requests for forms or other literature or information, transactions, service, or to prepare investor disclosure materials), or to send you administrative communications either about your interactions with us or about features of our Website, including any future changes to this Privacy Policy.
2. Use in Connection with Third Party Offers
We may also share your information with third parties when you engage in certain activities on the Website that are sponsored by third parties, such as purchasing products or services offered by a third party, or electing to receive information or communications from a third party. When you participate in such, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate’s privacy practices.
3. Other Uses
Sometimes we hire companies to help deliver products or services, like a shipping company that delivers a package. In that instance, there is a need to share your information with that company. Sometimes we also work with other companies who help either gather your information or communicate with you. Except as separately permitted by the guidelines of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or as required by law.
Finally, we may take any personally identifiable information that we collect from you when you visit and browse the Website and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under the guidelines set forth in this Privacy Policy upon our right to aggregate or de-personalize your personal information, and we reserve the right to use and/or share with third parties the resulting non-personally identifiable information in any way.
C. Additional Ways Personally Identifiable Information May be Disclosed
We may share your personal information with our affiliates. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our cosponsor(s) and partners. We will also disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or in response to a law enforcement agency's request, or (b) will help to: enforce our Terms of Use; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of the Websites, databases, and/or third parties, including the safety and security of tangible and/or intangible property that belongs to us or to third parties. We may also transfer your information to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of our assets.
D. The Security Measures We Take to Safeguard Your Personally Identifiable Information
The security and confidentiality of your information is extremely important to us. We have implemented commercially reasonable technical, administrative, and physical security measures to protect personal information from reasonably foreseeable intrusions by unauthorized third parties. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable.
E. Updating Your Contact Information
We will provide you an opportunity to update your contact information and/or modify your communication choices by sending you an e-mail or other communication that invites your response, or by providing a means to update that information via the Website.
F. Children’s Information
The Website is intended for use by those over 18 and minors under the age of 13 may not use the Website. We do not knowingly solicit or collect personal information on the Website from children under the age of 13 without prior verifiable parental consent. If we learn that, despite these measures, a child under the age of 13 has submitted personally identifiable information to us through the Website, we will take reasonable measures to delete such information from our records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
G. Do Not Track
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. As we do not track users across time or over multiple Websites, we do not receive, or respond to, browser do-not-track signals or other similar mechanisms. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
H. California Privacy Rights
The California Consumer Privacy Act (“CCPA”) imposes certain obligations on the Virage Capital Management LP and its affiliates (together, “we” or “us”) and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information.” If you are a California Resident, please review the following information about your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions and other limitations under applicable law.
Terms used herein have the meaning ascribed to them in the CCPA. We and our affiliates are each a “business.” “Personal information” under the CCPA means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a household. It does not include deidentified information, aggregate consumer information or publicly available information, as those terms are defined in the CCPA.
Purposes for Collecting and Using Personal Information
We may collect or use your personal information for the following business or commercial purposes: (i) performing services on behalf of an advisory client, including maintaining or servicing accounts, providing investor relations services, processing subscriptions and withdrawals, verifying information, processing payments or providing similar services; (ii) performing our contractual obligations to a California Resident; (iii) detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity, including preventing fraud and conducting “Know Your Client,” anti-money laundering, terrorist financing, and conflict checks; and (iv) enabling or effecting commercial transactions, including, using bank account details to remit funds and process distributions.
Personal Information We Collect
In the preceding 12 months, we may have collected the following categories of personal information from or about a California Resident: (i) identifiers and similar information, such as name, address, date of birth, email address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers; (ii) additional information subject to Cal. Civ. Code § 1798.80(e), including your education, credit card number, state identification card number, signature, or bank account or other financial information; (iii) characteristics of protected classifications under federal or certain state laws including, gender, national origin, or marital status; (iv) commercial information, including records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including funds invested, investments considered, or sources of wealth; (v) internet or other electronic network activity information, including interactions with our website or use of certain online tools; (vi) professional or employment-related information, including occupation, compensation, employer, and title; and (vii) inferences drawn from any of the information identified above to create a profile reflecting your preferences or similar information.
In the preceding 12 months, we may have disclosed for a business purpose all of the above categories of personal information to all of the categories of third parties discussed below in “Sharing Personal Information with Third Parties.”
Sources of Personal Information
We may collect personal information about you directly from you and/or your intermediaries through sources such as: (i) account applications, subscription agreements, and other forms or related documentation; (ii) written, electronic, or verbal correspondence with us or our service providers; (iii) investor or borrower transactions; (iv) an investor’s or borrower’s brokerage or financial advisory firm, financial advisor, or consultant; or (v) from information captured on applicable websites. In addition, we may collect personal information from different sources, such as: (i) our affiliates, our service providers, or our affiliates’ service providers; (ii) public websites or other publicly accessible directories and sources, including bankruptcy registers, tax authorities, governmental agencies and departments, and regulatory authorities; or (iii) credit reporting agencies, sanctions screening databases, or from sources designed to detect and prevent fraud.
Sharing Personal Information with Third Parties
We do not sell your personal information. We may disclose personal information to third parties in circumstances where we believe in good faith that disclosure is required or permitted under law, to cooperate with regulators or law enforcement authorities, or to protect our rights or property. We also may disclose personal information about you or your accounts to a third party at your request or direction or with your consent.
For these reasons, we may disclose any of the categories of personal information discussed above in “Personal Information We Collect” to any of the following categories of third parties: (i) investors and investors’ intermediaries in connection with investments and transactions; (ii) third parties who deliver our communications, including postal services; (iii) third parties who assist with our information technology and security programs; (iv) third parties who assist with fraud prevention, detection and mitigation; (v) third parties as needed to complete a transaction, including financial institutions; (vi) third parties in connection with legal or regulatory matters, including government or regulatory agencies, courts, opposing counsel and parties to litigation; (vii) third parties in connection with the sale or transfer of all or any relevant portion of our business or assets; (viii) our lawyers, accountants, auditors, and consultants; and (ix) other third parties as permitted or required by law.
We also may disclose your personal information to our service providers, other entities that have agreed to limitations on the use of your personal information, or entities that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA.
California Residents’ Rights under the CCPA
If your personal information is subject to the CCPA, you may have certain rights concerning that information, subject to applicable exemptions and limitations, including the right to: (i) be informed, at or before the point of collection, of the categories of personal information to be collected and the purposes for which the categories of personal information shall be used; (ii) not be discriminated against because you exercise any of your rights under the CCPA; (iii) request that we delete any personal information about you that we collected, subject to certain exceptions (“Request to Delete”); (iv) opt-out of the “sale” (as that term is defined in the CCPA) of your personal information if a business sells your personal information (we do not); and (v) request that we, as a business that collects personal information about you and that discloses your personal information for a business purpose, disclose to you (“Request to Know”): (a) the categories of personal information we have collected about you; (b) the categories of sources from which we have collected the personal information; (c) the business or commercial purpose for collecting the personal information; (d) the categories of third parties to which we disclosed personal information about you for a business purpose; (e) the specific pieces of personal information we have collected about you; and (f) the categories of personal information we have disclosed about you for a business purpose.
The CCPA does not restrict our ability to do certain things like comply with other laws or comply with regulatory investigations. In addition, the CCPA does not apply to certain information like personal information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and its implementing regulations. We also reserve the right to retain, and not to delete, certain personal information after receipt of a Request to Delete from you where permitted by the CCPA or another law or regulation.
How to Submit a Request under the CCPA
You may submit a Request to Know, as described above, by contacting us at (713) 840-7700, or by sending an email to bmcdavid@viragecm.com. You may submit a Request to Delete, as described above, by contacting us at(713) 840-7700 or by mail sent to our address listed above.
We are required to provide certain information or to delete personal information only in response to verifiable requests made by you or your authorized agent. Any information gathered as part of the verification process will be used for verification purposes only.
In order to verify Requests to Know and Requests to Delete, we will contact you via your telephone number to verify your identity by asking you questions specific to the account in question.
You are permitted to designate an authorized agent to submit a Request to Know or a Request to Delete on your behalf and have that authorized agent submit the request through the aforementioned methods. If an authorized agent seeks to submit a Request to Know or a Request to Delete on behalf of a California Resident, the authorized agent must provide: (i) signed authorization from the California Resident authorizing them to act on the California Resident’s behalf, unless they can provide proof that the California Resident has granted them power of attorney pursuant to California Probate Code sections 4000 to 4465; and (ii) proof of their registration with the California Secretary of State to conduct business in California. We also require that the California Resident directly verify their own identity with us and directly confirm with us that they provided the authorized agent permission to submit the request.
Contact for More Information
If you have any questions or concerns about this California-specific Privacy Policy, please contact Burke McDavid (telephone: (713) 840-7700; e-mail: bmcdavid@viragecm.com).
This California-specific Privacy Policy was last updated in April 2021.
This information may be provided in a standardized format that is not specific to you by contacting Virage at the following address:
Virage Capital Management LP
1700 Post Oak Boulevard, 2 BLVD Place, Suite 300
Houston, TX 77056
