TERMS OF USE

Thank you for visiting our website at www.healthquestcapital.com (the “Site”).  Please read these Terms of Use carefully before using this Site.  Your use of this Site, including all content, materials and information available on or through this Site (together, the “Materials”), is governed by these Terms of Use (these “Terms”).  By using this Site, you acknowledge that you have read and agree to these Terms. 

We reserve the right to change these Terms at any time. Such changes will be effective when posted.  Any changes made to the Terms will only apply prospectively.  By continuing to use the Site after we post any such changes, you accept the Terms, as modified.

We reserve 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 we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

WHO WE ARE
This Site is maintained and operated by HealthQuest Capital Management, L.P. which is affiliated with certain investment funds, investment vehicles and other entities that provide investment advisory services (together, “HealthQuest Capital”).  In accordance with industry custom, this Site 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.

DISCLAIMER OF PROFESSIONAL OR FINANCIAL ADVICE

NOTHING IN THIS SITE CONSTITUTES PROFESSIONAL, INVESTMENT AND/OR FINANCIAL ADVICE, NOR DOES ANY INFORMATION ON THIS SITE CONSTITUTE A COMPREHENSIVE OR COMPLETE STATEMENT OF THE MATTERS DISCUSSED OR THE LAW RELATING THERETO. HEALTHQUEST CAPITAL’S INVESTMENT ADVISORY SERVICES ARE PROVIDED ONLY TO A LIMITED NUMBER OF PRIVATE INVESTMENT VEHICLES. SUCH SERVICES ARE NOT AVAILABLE TO THE GENERAL PUBLIC. NO ACTION SHOULD BE TAKEN OR NOT BE TAKEN IN RELIANCE UPON INFORMATION ON THIS SITE. ADVICE FROM A SUITABLY QUALIFIED PROFESSIONAL SHOULD ALWAYS BE SOUGHT IN RELATION TO ANY PARTICULAR INVESTMENT DECISION, MATTER OR CIRCUMSTANCE.

WEBSITE PRIVACY NOTICE

In addition to these Terms, your use of and access to the Site is also subject to our website privacy notice (inclusive of any applicable jurisdictional supplements, the “Site Privacy Notice”), available at https://www.healthquestcapital.com/privacy-policy which is incorporated by reference herein, as applicable. The Site Privacy Notice contains additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. You acknowledge that you have read, understand and agree to abide by the Site Privacy Notice.

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, except to the extent that Materials provided through a password protected area on this Site are subject to different rules, 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 Site or otherwise) in that context. Please ensure that your own computer security is comprehensive and up to date. We accept no responsibility for viruses, malware or other malicious or damaging software contained in the Materials or otherwise.

RULES OF CONDUCT

There are a few rules of conduct that you are required to follow when you use the Site:

1.      Do not “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). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site.

2.     Do not 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.

3.     Do not “stream catch” (download, store or transmit copies of streamed content).

4.     Do not obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.

5.     Do not “flood” the site with requests or otherwise overburden, disrupt or harm the Site or its systems.

6.     Do not circumvent or reverse engineer the Site or its systems.

7.     Do not restrict or inhibit another user or users from using and enjoying the Site.

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

OWNERSHIP OF SITE CONTENT

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including such content and materials) for your own personal, non-commercial use, but you may not exploit it commercially. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms or by the owner of the materials. You may, however, download and/or print one copy of individual pages of the site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

THIRD-PARTY SITES
We accept no responsibility for third-party sites available through this Site, via hyperlink or otherwise. You are encouraged to review the Terms applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

PASSWORD PROTECTED AREAS
Certain Materials may be made available through a password protected area on this Site. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable HealthQuest Capital entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and HealthQuest Capital individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

NO OFFER, SOLICITATION OR ADVICE 
Except to the extent expressly set forth in Materials provided through a password protected area on this Site, or as otherwise specified by a HealthQuest Capital entity in writing, nothing on this Site is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment, legal, business or tax advice or an offer to provide such advice, or (iii) a basis for making any investment decision.  The Materials are provided for informational purposes and have been prepared by HealthQuest Capital for informational purposes to acquaint existing and prospective portfolio companies, entrepreneurs and other company founders with HealthQuest Capital’s recent and historical investment activities.  The Materials are not directed towards any existing or prospective investor in any HealthQuest Capital fund or investment vehicle.  The Materials are provided in summary form and do not purport to be complete.  Please note that any investments or portfolio companies referenced in the Materials are illustrative and do not reflect the performance of any HealthQuest Capital fund as a whole. The Materials do not include a complete list of all HealthQuest Capital portfolio companies. Past performance is not indicative of future results and there can be no assurance that any HealthQuest Capital fund or investment vehicle will achieve comparable results or that any future investments will be profitable. All forward-looking statements are based upon assumptions that may not prove to be correct.  There is no obligation for HealthQuest Capital to update or alter any forward-looking statements, whether as a result of new information, future events, or otherwise.  Neither this Site nor any of the Materials make any effort to present a comprehensive or balanced description of HealthQuest Capital or its investment activities. 

RESTRICTIONS ON USE; NO LICENSE
We reserve all rights with respect to the design and content of this Site. In particular, you must not misappropriate the design or content of this Site and you must not alter or deface such design or content in any way. Nothing on this Site grants any license with respect to such design or content, except that you may download and use Materials solely for your own personal information.

SUBMITTING A BUSINESS PLAN OR OTHER CONFIDENTIAL INFORMATION
Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure of any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Site may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY ASPECT OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO (1) THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), (2) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (3) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

INDEMNITY

You agree that you will be solely responsible for, and that you will defend, indemnify and hold us, our parents, subsidiaries and other affiliates and each of our and their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms or otherwise resulting from your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification, but you must still indemnify us for all liabilities, losses or damages. You agree to provide us with whatever cooperation we reasonably request.

MISCELLANEOUS
This Site is operated and controlled by HealthQuest Capital Management, LP in the United States of America.  If it is illegal or prohibited in your country of origin to access or use this Site, then you should not do so.  Those who choose to access this Site outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations.  These Terms, and any disputes relating to these Terms or your use of this Site or the Materials, shall be governed in all respects by the laws of the State of Texas, without regard to conflicts of laws principles.  Except as otherwise agreed in writing by the applicable HealthQuest Capital entities, any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in Travis County, Texas. 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 HealthQuest Capital 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 should be sent to our compliance team at compliance@hqcap.com.

Effective Date: July 17, 2024