Privacy & Legal

Terms of Use Thanks for your interest in our Website at www.porterkyle.com. Your use of this Website, including the content, materials and information available on or through this Website (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms.

Who We Are This Website is maintained and operated by Porter Kyle Management LLC, which provides administrative and other services to various Porter Kyle entities. In accordance with industry custom, this Website occasionally uses terminology that may be interpreted to suggest that our firm is actually a single entity. However, there is no such single entity and all of the entities that comprise our firm have their own separate legal existence.

Materials ALL MATERIALS ARE PROVIDED “AS IS,” MAY NOT BE RELIED UPON FOR ANY PURPOSE, AND ARE NOT SUBJECT TO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. In particular we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context.

Third-Party Sites We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

No Offer, Solicitation or Advice Except as otherwise specified by a Porter Kyle entity in writing, 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. Except as expressly stated by a Porter Kyle entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Porter Kyle or its investment activities. Any project described on this Website may not be representative of all investments made by Porter Kyle and is intended to be illustrative of the types of projects invested in and developed by Porter Kyle.

Restrictions on Use; No License We reserve 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, except that you may download and use Materials solely for your own personal information.

Ownership of Trademarks, Etc. All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to Porter Kyle, its affiliates or their respective owners, and this Website grants no license to them.

Limitation of Liability Except as specifically agreed by a Porter Kyle entity in writing, NO PORTER KYLE INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regard to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

Privacy  We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; e-mail address; computer and connection information. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, communications); comments, feedback, product reviews and recommendations.  When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated herein only.  We collect such Non-personal and Personal Information for the following purposes:

1. To provide and operate the Services;

2. To provide our Users with ongoing customer assistance and technical support;

3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;

5. To comply with any applicable laws and regulations.

Our company is hosted on the Cloudflare platform and various other platforms. Cloudflare provides us with the online platform that allows us to market what we do to you. Your data may be stored through Cloudflare’s data storage, databases and the general Cloudflare applications. They store your data on secure servers behind a firewall.

We may contact you to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.

We use cookies, web beacons, and other similar technologies from third-party partners such as Google for measurement services, better targeting advertisements, and for marketing purposes.  This takes place when you visit our website.  These cookies, web beacons, and other similar technologies allow us to display our promotional material to you on other sites you visit across the internet.  Our third-party advertising partners may also use these technologies to identify your browsing interests over time and across different websites to deliver targeted advertisements and other content that has been customized for you.  Porter Kyle may also share information about your behavior on the Website with third parties (including operators of third-party websites) in order to show you targeted advertisements and other content that has been customized for you.

Modification of these Terms We reserve 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.

Miscellaneous These Terms, and any disputes relating to these Terms or your use of this Website or the Materials, shall be governed in all respects by the laws of the State of Arizona, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Porter Kyle entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. All Porter Kyle individuals and entities are intended third-party beneficiaries of these Terms. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Contact Information Any questions, concerns or complaints regarding these Terms or if you don’t want us to process your data anymore, or would like to: access, correct, amend or delete any personal information we have about please contact us via the form found on the contact section of this website or send us mail to: PO Box 12760, Scottsdale, AZ 85267.

Effective Date: January 1, 2023