TERMS OF USE

General:

Goanna Capital Management LLC (“Goanna”) is providing this website for informational purposes only. Use of this website and access to the material it contains is subject to the following terms and conditions as well as all applicable laws. Your access to and browsing of the website constitutes your full acceptance of these terms and conditions. If you do not agree to abide by these terms and conditions, do not use this website. All material on this website is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing on this website constitutes professional and/or financial advice. No action should be taken or omitted to be taken in reliance upon information on this website. You should seek advice from your own suitably qualified professionals in relation to any investment related decision. Goanna reserves all rights with respect to the design and content of this website. In particular, you must not misappropriate the design or content of this website, and you must not alter or deface such design or content in any way. Nothing on this website grants any license with respect to such design or content.

Information Submitted to Goanna:

Do not send any information to Goanna that constitutes a trade secret or is confidential or proprietary through this website. Goanna cannot agree to obligations of confidentiality or non-disclosure with regard to information submitted to it. By submitting information or materials to Goanna, you and anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. Goanna is not obligated to review any information or materials sent to it and reserves the right to reject information or materials in its sole discretion. Goanna shall be under no obligation to return any information or materials to you.

Linked Sites:

When you select certain hyperlinks you will be leaving the Goanna website. These hyperlinks take you to publicly available sites, which are not within the control of Goanna. Goanna and its affiliates make no warranties, either express or implied, concerning the content of such sites, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do Goanna and its affiliates warrant that such sites or their content are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Links to the non-Goanna sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

Portfolio Companies:

Any portfolio company described on this website may not be representative of all investments made by any Goanna fund and is intended to be illustrative of the types of investments that may be made by such Goanna fund. Readers should not assume that any companies identified herein have been, will be or will continue to be profitable. Past performance is not indicative of future results.

Third-Party Information:

Certain information (including without limitation, text, graphs, charts and other visual aids) contained on this website may have been obtained from other parties. While such sources are believed to be reliable, neither Goanna, nor its affiliates assume any responsibility for the accuracy or completeness of such information. The information set forth on the website does not purport to be complete and no obligation to update or otherwise revise such information is being assumed.

No Offer, Solicitation or Advice:

Nothing on this website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Any investments in funds managed by Goanna are offered to selected investors only by means of an offering memorandum or similar documentation and related subscription materials which contain significant additional information about the terms of an investment in any such fund (such documents, the “Offering Documents”). Any decision to invest must be based solely upon the information set forth in the Offering Documents. All investments involve risks, including the risk that the entire amount invested may be lost. Alternative investments are appropriate only for eligible, long-term investors who are willing to forgo liquidity and put capital at risk for an indefinite period of time. You should not rely on any information presented on this website in making an investment decision and nothing herein constitutes legal or tax advice.

Copyright:

Other than as necessary for the purpose of viewing the website in the course of a business it is strictly forbidden to copy any material on this website for commercial use or to republish any or all of the contents of this website on a proxy server, cache or other similar form of storage. All trademarks, trade names and logos displayed on this website are proprietary to Goanna, its affiliates, or their respective owners, and this website grants no license to them.

Financial and Other Similar Information:

Any financial or other similar information listed on our website reflects numerous assumptions with respect to industry performance, general business, economic, geo-political, market and financial conditions and other matters, all of which are difficult to predict and beyond our control. Such information may also reflect numerous estimates and assumptions related to the applicable portfolio company’s business that are inherently subject to significant economic, political and competitive uncertainties, all of which are difficult to predict and many of which are beyond our control. As a result, although financial and other similar information that may be set forth on our website were calculated in good faith based on assumptions believed to be reasonable at the time of such calculation, there can be no assurance that the assumptions made in preparing such enterprise value will prove accurate or that the enterprise value reflected therein will be realized upon any liquidity event

Forward-Looking Statements:

The material on this website may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, Goanna itself or its investments. Forward-looking statements can be identified by the use of words such as “anticipate,” “intend,” “believe,” “estimate,” “plan,” “seek,” “project,” “expect,” “may,” “will,” “would,” “could” or “should,” the negative of these terms or other comparable terminology. Examples of forward-looking statements include statements relating to macroeconomic conditions, expectations regarding future growth, including future revenue and earnings increases, margins, free cash flow projections and annual growth rates; growth plans and opportunities, including strategies for future or potential acquisitions, product expansion, targets and geographic expansion; estimated returns in the future; and assumptions underlying these expectations. These statements are not guarantees of future performance and involve risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, Goanna undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.

Disclaimer:

THIS WEBSITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED “AS IS”. NEITHER GOANNA NOR ANY OF ITS AFFILIATES ARE PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE. GOANNA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. GOANNA AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.

Limitation of Liability:

Under no circumstances will Goanna or its affiliates be liable for any consequential, incidental, special, punitive, or exemplary damages, arising out of any use of or inability to use the website or any portion thereof, regardless of whether Goanna or its affiliates have been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GOANNA’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF GOANNA WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification:

You agree to indemnify and hold Goanna and its affiliates (and their respective officers, employees, members, partners and agents) harmless, including costs and attorneys’ fees on an as-incurred basis, from any claim or demand made by any third party due to or arising out of (a) your use of the website, (b) your violation of these terms or (c) your violation of applicable laws or regulations. Goanna reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Goanna. Goanna will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Modification of these Terms:

Goanna reserves the right to modify these terms at any time. Please check these terms periodically for changes. Your continued use of this website after the posting of changes constitutes your binding acceptance of such changes.

Governing Law and Consent to Jurisdiction

These terms and your use of the Site shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.