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Address
888 7th Avenue, 37th Floor
New York, New York 10106
New York, New York 10106
info@wildcatcap.com
Phone
212-468-5100
Last Updated: September 2023
Wildcat Capital Management, LLC (“Wildcat”, “we” “our” or “us”) appreciates your interest in us and your visit to our website (the “Site”). Wildcat is an independent investment adviser and is not owned, controlled or managed by David Bonderman.
These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of the Site and include important disclosures, disclaimers and terms and conditions.
By using the Site, you agree to be bound by these Terms and all disclaimers, disclosures and terms and conditions that appear on the Site now or in the future. These Terms may be updated by us at any time. Your continued use of the Site after any such modifications constitutes your acceptance of the modified terms and conditions. If you do not agree to receive these legal notices and to abide by these Terms for any reason you agree that your sole and exclusive remedy is to discontinue using the Site.
Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern.
Your compliance with these Terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Terms or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.
You acknowledge that the content of the Site is for general, informational purposes only in relation to Wildcat’s capabilities for prospective portfolio companies and is not intended to constitute an offer of investment management or investment advisory services by Wildcat or any other person or an offer to sell or buy any securities or other assets or other investment or an offer, promise or commitment to undertake or solicit business, lend or investment money or to enter into a transaction with any person or entity whatsoever and may not be relied upon in connection with any offer or sale of securities or other assets, any other transaction whatsoever or otherwise. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and/or other related definitive written agreements and documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including, but not limited to, the qualifications necessary to become an investor. Information on the Site shall not be construed as an offer or public offering of shares in any fund or entity nor does it constitute a general solicitation, general advertising, or direct selling effort under the Securities Act of 1933 of the United States. Wildcat makes no representations that any information provided via the Site is accurate, current, or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein.
We are 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 or enter into any transaction. Nothing on the website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax, legal or other advice. If you would like investment, accounting, tax, legal or other advice, you should consult with your own advisors with respect to your individual circumstances and needs. Wildcat will not treat users of the Site as its clients by virtue of their accessing the Site.
For information on how Wildcat collects, uses, and discloses information from its users of the Site, please review our Website Privacy Policy.
The Site contains listings and summary descriptions of a select portion of, but not all of, the present and past portfolio companies of certain funds or investment vehicles advised by Wildcat or of certain of Wildcat’s other clients. This information is included to illustrate to potential portfolio companies certain of Wildcat’s investment criteria, approach, and the types of companies and stages in which certain funds or investment vehicles advised by Wildcat or in which certain of Wildcat’s other clients have invested. The listings and descriptions are not complete and are not intended to represent performance or be an indicator for how funds, investment vehicles or other client’s advised by Wildcat have performed or may perform in the future. Specific investments identified or described in the Site do not represent all the securities purchased, sold, or recommended by Wildcat. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described in the Site. Further, references to past and present portfolio companies should not be construed as a recommendation of any particular investment or security. It should not be assumed that investments in the companies identified or discussed were or will be profitable. It is not known whether such companies approve or disapprove of Wildcat or the investment advisory products or services Wildcat provides to its clients.
The endorsements on this website are provided by certain current or former Chief Executive Officers of companies that are or were directly or indirectly owned by certain funds or investment vehicles advised by Wildcat or directly or indirectly by certain of Wildcat’s other clients. None of the Chief Executive Officers were compensated for providing these endorsements. As a result of the ownership structure of these companies, a conflict of interest exists because the Chief Executive Officers have an incentive to make positive statements about Wildcat and its clients and their experiences with Wildcat or its clients to maintain goodwill with Wildcat and its clients.
The Site may contain “forward-looking statements”. All forward-looking statements represent only beliefs, assumptions, current expectations, estimates, and projections of Wildcat as of the date such statements were originally made. None of Wildcat or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements. All expressions of opinions are subject to change without notice. Inherent in any investment is the risk of loss. Any performance data or comments expressed on the Site are an indication of past performance. Past performance is not indicative of or a guarantee of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of Wildcat or others and is protected by United States and international copyright and other laws. All trademarks and logos displayed on the Site are the property of their respective owners, who may or may not be affiliated with Wildcat. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the Site without the written permission of Wildcat or such other third party that may own the content or trademark displayed on the Site. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. Please be advised that Wildcat may enforce its intellectual property rights to the fullest extent by law.
Through various portions of the Site, you may access or encounter historical documents that were published in the past. Please be advised that these documents may reflect information that, with or without the passage of time, has since changed.
The information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of Wildcat. You agree not to: (a) “flood,” “spam,” “mailbomb” or overload the Site or otherwise take any action that may result in damage, impairment or overload of the Site’s infrastructure; (b) use any device, software or routine to attempt to interfere with the Site’s functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest, extract or collect information from the Site; (d) attempt to decompile, disassemble or reverse-engineer the Site’s source code or software; (e) use the Site to violate anyone’s rights or applicable local, state, federal or international law, statute, regulation, code or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (f) assist or encourage violations of these Terms, the Website Privacy Policy or applicable laws or regulations; (g) use any hidden text or metatags using “Wildcat” or any of our trademarks, service marks or names without our prior written consent or (h) violate or attempt to violate the security of the Site (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of the Site’s authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network). Our prior permission is required for (i) any commercial use of materials on the Site; (ii) making more than minimal copies of Site materials; and (iii) copying large portions of our Site, such as by bots, robots or spiders that “harvest” the Site. If you seek permission for such use of our Site, please contact us at info@wildcatcap.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
The permission to use the Site granted by these Terms automatically terminates if you breach any of the terms and conditions contained herein.
If you believe that anything posted on the Site infringes any intellectual property right that you own or control, please provide Wildcat by email to info@wildcatcap.com with the following written information:
We may, at our discretion, modify or discontinue any of the content of the Site, or any portion thereof, with or without notice. For this reason, each time you use the Site, you should visit and review the then- current Terms that apply to your use of the Site.
The Site may contain links to, or may be linked from, other sites that are not maintained by us and to which we have not provided permission. We do not endorse, have any responsibility for, or make any representations about, any other sites (including, without limitation, contents of press releases), including their products and services, content, communications and website use policies. Wildcat has neither reviewed the contents of these third-party websites nor does Wildcat claim any responsibility for the content or suitability of these third-party websites and Wildcat makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third-party websites is entirely at your own risk. We expressly disclaim any responsibility for your access to or use of such other sites. By accessing these links, you acknowledge that such other sites or locations are not under the control of Wildcat and you agree that Wildcat shall not be responsible for any information or additional links found at such site or location, or for your use of such information.
The information on https://www.linkedin.com/company/wildcat-capital-management) and any other social media pages that Wildcat may create from time to time, is for informational purposes only. Nothing on or within these social media pages constitutes an offer to sell, or a solicitation of an offer to buy, any security or product of, or to enter into any transaction with, Wildcat or any of its clients. Wildcat is not responsible for any content posted by third parties on these pages.
THIS SITE, ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED AS IS; AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WILDCAT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, PERFORMANCE, NONINFRINGEMENT OR TRADE USAGE. WILDCAT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
WILDCAT DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR ANY CONTENT ON OR THORUGH THE SITE. BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT WILDCAT SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WILDCAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WILDCAT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION EVEN IF WILDCAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NEITHER WILDCAT NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT. WILDCAT RESERVES THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
You agree that you will be solely responsible for, and that you will defend, indemnify and hold Wildcat, its parents, subsidiaries and other affiliates and each of their respective officers, directors, managers, members, investors, agents, employees and representatives harmless from and against any and all claims, demands, damages, losses liabilities, costs or expenses, including, but not limited to, reasonable attorneys’ fees, resulting from your violation of these Terms or otherwise resulting from your use of the Site. Wildcat reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Wildcat for claims, demands, damages, losses liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees. You agree to provide Wildcat with whatever cooperation it reasonably requests.
You agree that your use of the Site and any disputes relating to any of them shall be governed in all respects by the laws of the State of New York, without giving effect to its conflict of laws principles that would result in the application of the laws of any other jurisdiction. The failure of Wildcat to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Wildcat’s rights with respect to such breach or any subsequent breaches.
You agree that if any dispute should arise between you and Wildcat, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.
You and Wildcat mutually agree that any dispute of any kind arising out of the Terms, our Website Privacy Policy, or your use of the Site will be resolved through binding arbitration pursuant to the American Arbitration Association (“AAA”) in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-Related Disputes (www.adr.org/consumer). Any claim must be brought on an individual basis and seek no class relief. This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and Wildcat that may arise out of the Terms, our Website Privacy Policy, or through the use of the Site. You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act. The hearing shall be conducted in the county of your residence. For any claim in which you seek US $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, Wildcat will pay the costs and fees of the arbitration and the arbitrator and will not seek reimbursement from you. This section shall not apply to disputes that are not arbitrable by law.
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.
These Terms and our Website Privacy Policy constitute the entire agreement between you and Wildcat relating to the Site and your use of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to the Site. Nothing in these Terms may be used to construe you and Wildcat or any other person or entity as joint venturers, co-employers, partners, or agents of each other, and neither you nor Wildcat has the power to obligate or bind the other in any way whatsoever by virtue of these Terms or your use of the Site.
Headings and captions throughout these Terms are for convenience only and do not effect the interpretation of these Terms. The word “including” means “including without limitation.”
The Site is operated and controlled by us in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with
all local laws and regulations. You agree to comply with all local laws, rules and regulations including, without limitation, all laws, rules and regulations in effect in the country in which you reside and the country from which you access the Site. The information on the Site 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 Wildcat or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any matter made on the Site is void where prohibited.
Notwithstanding anything in these Terms or on the Site, Wildcat reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by Wildcat.
Thank you for visiting our Site. Please contact us at info@wildcatcap.com if you have any questions about our Site or these Terms. Electronic mail or other communications through the Site to Wildcat (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.