Terms of Use

The following terms and conditions (the “Terms of Use”) govern your access to and use of the Westrock Asset Management, LLC and its affiliates ("WAM," "we," "us" or "our") website located at westrockam.com including the information, data, tools, software code, illustrations, graphics, other visuals, text, products, services and other content (collectively, the “Content”) available on or through the website (the website and Content collectively referred to as the “Site”). Please read these Terms of use carefully before you access this Site. By accessing this Site and any Content presented on it, you acknowledge and agree to be bound by all of the following terms and conditions pertaining to the Site. If you do not agree to all of the terms and conditions of these Terms of Use, then you must not access the Site.

We reserve the right to limit or deny access to this Site to any person, geographic region or jurisdiction at any time without prior notice. In addition, we reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time without providing any notice. Any such changes shall be effective immediately. By using this Site after we have posted changes to these Terms of Use, you are acknowledging such changes and are agreeing to be bound by these Terms of Use as amended. Your access and continued use of the Site is at your own initiative. Accordingly, we suggest that you review these Terms of Use periodically for changes.

Important Disclaimers

You acknowledge that: (a) we are a global investment management firm advising private investment funds only and we are not available to provide investment advisory or similar services to any other clients; (b) under no circumstances should any information presented here be used or construed as an offer, or solicitation of any offer, or other form of invitation or inducement, to sell or buy any securities or other investments, or to provide advice regarding investments or a recommendation to purchase, sell or hold any security or other investment, or to pursue any investment style or strategy; (c) we do not give any advice or make any representations as to whether any investment, investment strategy or investment style is suitable for you or will be profitable; (d) we make reasonable efforts to provide accurate Content on the Site, but at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate; (e) we may change all or any portion of the Site at any time without notice to you. You agree that we are not liable for any action you take or decision you make in reliance on any Content.

ALL CONTENT AND INFORMATION AVAILABLE ON or THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THE SITE IS INTENDED TO BE, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE SITE TO BE, INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE. IF YOU WOULD LIKE INVESTMENT, ACCOUNTING, TAX OR LEGAL ADVICE, YOU SHOULD CONSULT WITH YOUR OWN FINANCIAL ADVISORS, ACCOUNTANTS OR ATTORNEYS REGARDING YOUR INDIVIDUAL CIRCUMSTANCES AND NEEDS.

Interests in WAM’s funds may only be purchased pursuant to the applicable fund’s confidential memorandum, subscription agreement, organizational documents and audited financial statements (the "Fund Documents"). You must review the applicable Fund Documents in their entirety, including the risk factors, conflicts of interest and other cautionary disclosures contained therein, before making any investment decision. The Fund Documents supersede all other documents or disclosures in all respects, and you should rely only on the information contained in the Fund Documents.

In this various reports, and also in due diligence meetings, telephone conversations, email exchanges and other communications, we provide a range of information to investors and prospective investors. In every case, such information is qualified by the Fund Documents. In particular, all such information is qualified by all of the risk factors, conflicts of interest and other cautionary disclosures contained in the Fund Documents. None of our reports or other communications is intended to, and no one has been authorized to, make any representation or statement regarding any WAM fund that is inconsistent with the applicable Fund Documents or that qualifies, limits or contradicts any of the risk factors, conflicts of interest or other cautionary disclosures contained in the Fund Documents.

The information on this Site is not intended to provide, and should not be relied upon for, accounting, legal, tax or investment advice or recommendations. Investors must be willing and able to evaluate an investment in any WAM fund for themselves and to review and understand the applicable Fund Documents in their entirety. WAM is not making any investment recommendation or giving any investment advice to any existing or prospective investor. Investors must make their own decisions regarding any investment in any WAM fund, and each investor is responsible for engaging its own legal, tax, accounting, investment, and financial advisors and other consultants to whatever extent it deems necessary in connection therewith.

All of our investment programs involve substantial risk, and there can be no assurance that our investment, risk management or other objectives will be achieved. Past performance is not an indication of future performance. The investment objectives and strategies of the funds have varied over time and may, in the future, vary materially from those used in generating past results. The funds are permitted to invest in an unlimited range of instruments and may pursue an unlimited range of investment strategies, including strategies not previously pursued or described to investors. Investment losses may occur, and investors could lose some or all of their investment. Our portfolio is not subject to any fixed limits on concentration by industry, company, geographic region, asset type, degree of leverage, liquidity, exposure to market risk, or otherwise. We are not required to hedge any particular risk or type of risk, and our Funds may accept exposure to any risk or hold any position on an unhedged basis. Nothing herein is intended to imply that an investment in any WAM fund may be considered "conservative," "safe," or “risk-free.” No regulatory authority has passed upon or endorsed this document or the merits of an investment in any WAM fund.

No Warranty

The Content on Site is provided "AS IS" and without warranties of any kind. This Site contains derived information that is not used in our internal operations and that is not independently verified, tested or audited. WAM expressly disclaims, to the fullest extent permitted under applicable law, any and all warranties, express or implied (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement), with respect to the use of or the result of the use of (A) this Site or (B) any information or materials available on this Site, including without limitation the accuracy, completeness, correctness, timeliness or reliability of such information or materials.

WAM assumes no responsibility for, and makes no warranties that, functions contained on this Site will be uninterrupted or error-free, that defects will be corrected or that this Site or the server that makes it available will be free of viruses or other harmful components. WAM shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed on your computer on account of your accessing this Site.

Limitation of Liability

Under no circumstances shall WAM or any of its officers, directors, principals, agents or employees be liable for any claims, liabilities, losses, costs or damages, including direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way resulting from the use of or inability to use this Site or any delay in using this Site or otherwise arising out of the use of this Site, whether arising in contract, tort (including without limitation, negligence), strict liability or otherwise. Such limitations apply even if WAM or any of its officers, directors, principals, agents or employees have been advised of the possibility of such losses or damages. If you live in U.S. state or a foreign country that does not allow the exclusion or limitation of liability or incidental or consequential damages, some or all of these limitations and exclusions may not apply to you.

Informational Use Only

This Site is provided for your information only and nothing contained on this Site constitutes any kind of recommendation or advice, including without limitation any investment, legal or tax advice. Decisions based on information contained on this Site are your sole and absolute responsibility.

No Offer

No material or opinion contained on this Site is, and nothing on this Site shall be considered to be, an offer to sell or a solicitation of an offer to buy any product, security or service. Offers can only be made where lawful under, and in compliance with, applicable law. No security, product or service is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities or other laws of such jurisdiction.

ANY PERFORMANCE INFORMATION PRESENTED ON THIS SITE IS HISTORICAL AND IS NOT AN INDICATION OF FUTURE PERFORMANCE. NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL ACHIEVE OR IS LIKELY TO ACHIEVE RESULTS SIMILAR TO THOSE ACHIEVED IN THE PAST.

Restricted Access

Access to the password protected areas of this Site is strictly limited. We provide user names and passwords only to persons whom we believe to be qualified, based on our prior relationship or other information. The contents of the password protected areas of this Site are subject to all of the provisions of these Terms of Use. You may not obtain access to the password protected areas of this Site, or to any other protected materials or information, through any means not intentionally made available to you by WAM for your specific use.

You are solely responsible for maintaining the confidentiality and security of your user name and password and you accept full responsibility for the use of your password. Sharing your user name or password with third parties violates these Terms of Use and our trust. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password, and we are not responsible for any loss to you that arises from such use or action. Notify WAM immediately of any actual or suspected loss, theft or unauthorized use of your password.

We reserve the right, in our sole discretion, at any time and without any prior notice or warning to you, to deny you access to the Site, to suspend or terminate your access to the Site or to disable your user name or password, if any.

Restrictions on Use of Materials

All content contained on this Site is owned or licensed by WAM and is protected by copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property rights. You may copy, reproduce or download any information or portion of this Site for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not copy, distribute, modify, transmit, reuse, display, reproduce, publish, license, frame, create derivative works from, or otherwise use the content of this Site, including without limitation, any text, images, audio, video, software code or user interface, in whole or in part, for public or commercial purposes without first receiving our written permission. Modification or use of the information or materials on this Site for any other purpose will violate WAM’s intellectual property rights and is strictly prohibited.

Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark displayed on this Site without WAM’s prior written permission.

Local Laws and Other Jurisdictional Issues

You have accessed this Site at your own initiative and you are responsible for compliance with any local laws or regulations related to visiting this Site or accessing any information contained on this Site. The information and materials provided on this Site are 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 WAM to any registration requirement within such jurisdiction or country.

Privacy and Transmissions to and from Our Site

Please review our Privacy Policy, which is a part of these Terms of Use and is incorporated by its reference herein, to learn about the information we collect from you, how we use that information and the measures we take to preserve the privacy and security of your information. By using our Site, you authorize us to make available any information you provide to us, including personally identifiable information, to the third party that hosts our Site to the extent reasonably necessary to facilitate the website products and services it provides to us.

Please be aware that electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to, from or via this Site may not be secure. Communications to WAM, particularly those containing confidential or personal information, should be sent by mail to: Westrock Asset Management, LLC, 900 S. Shackleford Rd., Suite 200, Little Rock, Arkansas 72211, Attention: Investor Relations. Except as expressly set forth in our Privacy Policy and any WAM investment documents applicable to you, any communication or other material that you send to us through the Internet or post on this Site by electronic mail or otherwise, is and will be deemed to be non-confidential and WAM shall have no obligation of any kind with respect to such information. WAM shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, without any compensation to you or anybody else.

Links to and From Other Websites and Services

WAM may establish hyperlinks between this Site and one or more websites operated by third parties. WAM does not review or monitor any of these websites and has no control over such websites, their contents or any products or services offered. Any hyperlinks to other websites from this Site are provided merely for your convenience as a user of this Site and the inclusion of these hyperlinks is not and does not imply an endorsement, representation or warranty by WAM with respect to any such hyperlinked websites or the content, products or services contained or accessible through such websites or the operators of such websites. Your access to and use of any third party website is governed by the terms of use and privacy policies of those websites, and shall be at your own risk. WAM expressly disclaims responsibility for the privacy policies and customer information practices of third-party websites hyperlinked from this Site.

You shall not display hyperlinks on any website to this Site. If you desire to display on a website a hyperlink to this Site, you must first enter into a written agreement with us regarding such display.

Prohibited Uses

Except as otherwise stated in these Terms of Use or as expressly authorized by WAM in writing, you shall not:

Use this Site in any manner that could damage or overburden any WAM server or the third-party server that hosts this Site, or any network connected to any such servers;
Use this Site in any manner that would interfere with another party’s use of this Site;
Include the term “WAM,” or any WAM intellectual property or principal’s name, or any variation of the foregoing, as a meta-tag or hidden textual element;
Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Site or the reports, data, information, content, software, products services or other materials on, generated by or obtained from our Site, whether through links or otherwise (collectively, “Materials”), without our permission, provided that generally available third-party web browsers may be used without our permission; or
Use this Site or the Materials in any manner that could create an impression of affiliation, sponsorship or endorsement by WAM.

Governing Law

These Terms of Use and your use of this Site shall be governed by the laws of the United States of America and the State of Delaware without regard to its rules on conflicts of law.

Waiver and Severability

No waiver by WAM of any provision of these Terms of Use will be effective unless signed in writing by WAM. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Westrock Asset Management, LLC

Last Updated 7/1/2023