Terms and Conditions | Hercules Capital

Terms & Conditions
By accessing and using the website htgc.com (the “Website”) and the services provided on the Website (collectively, the “Services”), you are agreeing to be bound by these Terms & Conditions. These Terms & Conditions do not apply to other third party websites and applications accessed by or through our Website.

Please read these Terms & Conditions carefully to understand the terms and conditions regarding your use of this Website. If you do not agree with our Terms & Conditions, you should not use the Website or the Services.

Content and Information made available through the Services
All content and information, including all code, data, materials, trademarks, logos, copyrights, look and feel, design and other intellectual property displayed on the Website are owned or licensed by Hercules Capital, Inc., and/or its affiliates (Collectively, “Hercules”, “we”, “our” or “us”), and/or its third party information providers and protected by applicable law. Your use of the Website does not grant to you ownership of any content, code, data, or materials you may access on or through the Website.

Limited License
Hercules grants to you a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the Services, and Website, in each case solely as expressly permitted hereunder. You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms & Conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only.

Prohibited Use
By accepting these Terms & Conditions through your use of the Website, you certify that you are 16 years of age or older. If you are under the age of 16, you may not use or access the Website or the Services.

Unless otherwise specifically indicated in these Terms & Conditions or on the Website, any public, commercial or promotional distribution, publishing, or exploitation of the Website, or any content, code, data, or materials on the Website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data, or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the Website. If you make other use of the Website, or the content, code, data, or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website or the Services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

You warrant that when using the Website and/or the Services you shall not violate or facilitate any violation of any 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. You further warrant and represent that you are not currently (nor will you be for the duration of your use of the Website and/or the Services) the target or subject of any sanctions law and not currently (nor will you be for the duration of your use of the Website and/or the Services) located or resident in a country or territory that is, or whose government is, the target of sanctions imposed by any U.S. government sanctions authority.

Linking to the Website
Unless otherwise specifically indicated in these Terms & Conditions or on the Website, you agree that (i) you are not permitted to link directly to any image or video hosted on the Website or the Services, such as using an “in-line” linking method to cause the image or video hosted by us to be displayed on another website, and (ii) you agree not to download or use images or videos hosted on this Website on another website for any purpose including, without limitation, posting such images or video on another website. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website at any time upon written notice to you.

Links to Third Party Websites
You may be able to link from the Website to third party websites, and third party websites may link to the Website (collectively “Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by our affiliates or portfolio companies. Links to Linked Sites do not constitute our endorsement, sponsorship, or recommendation of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. Hercules disclaims any liability for links (i) from another website to this Website, and (ii) to another website from this Website. Hercules cannot guarantee the standards of any website to which links are provided on this Website, nor shall we be held responsible for the contents of such websites, or any subsequent links. We do not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We are not responsible for any form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Banking & Financial Products
The website may provide information regarding various products and services offered by Hercules. While these Terms & Conditions will govern your use of this Website and the Services, separate agreements will govern provisions of these products and/or services. You understand and agree that the terms and conditions of these other agreements govern your use of such products and/or services.

Product and service descriptions contained herein do not take the place of required disclosures under applicable federal and state regulations.

No Solicitation or Investment Advice
We do not render or offer to render investment or financial advice through this Website and/or the Services and by using the Website and/or the Services you understand and acknowledge that the Website and/or Services are not intended to provide investment or financial advice and that we do not guarantee any investment results. 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 us in writing, neither this Website nor any of the Services make any effort to present a comprehensive or balanced description of Hercules or its investment activities. Any portfolio company described on this Website may not be representative of all investments made by us and is intended to be illustrative of the types of investments that may be made by us. The selected investments are not meant to imply the returns of any fund on an individual or aggregate basis. Any statistical information contained on the Website has been supplied for information purposes only and is not intended to be and does not constitute investment advice or an opinion regarding appropriateness of an investment. Certain places on this Website may contain information created and published by institutions or organizations independent of us. We do not endorse, approve, certify, or control these materials.

The information on, the Website may include prior indications of past investment performance. Past performance is not indicative of future results and there can be no assurance that an investment will, or is likely to, achieve comparable results to those achieved in the past, or that significant losses will be avoided.

Market analyses and statements of opinion provided on the Website are inherently uncertain and based on a number of assumptions. You should carefully review information regarding any such analyses and underlying assumptions.

The Website may contain certain “forward-looking statements” about Hercules, the funds or accounts it advises and their underlying investments which can be identified by the use of words such as “may”, “will”, should”, “expect”, “anticipate”, “project”, “estimate”, “intend”, “continue”, or “believe” or similar expressions. Hercules undertakes no obligation to update publicly or revise any forward-looking statements. Due to various risks and uncertainties, actual events, results or performance may differ materially from those reflected or contemplated in such forward-looking statements. No representation or warranty is made as to future performance or such forward-looking statement.

Business Plans and other Information Provided By You
Any information or materials that you provide to us will not be considered confidential or proprietary and will not be returned or safeguarded. We are not obligated to review any information or materials sent to us, and we reserve the right to reject information or materials in our sole discretion. We receive many similar plans and ideas, and your idea, or one similar in nature, may already have been submitted to us or be under consideration by us. In no event shall we be limited or restricted from pursuing any opportunities with others.

Privacy Policy
Our personal information collection, storage, and use policies with respect to this Website are set forth in our Privacy Policy, which is incorporated herein by reference for all purposes.

Please review our Privacy Policy, which governs your use of the Website, to understand our practices regarding the information we collect about you through your use of the Website. The Privacy Policy is located at https://www.htgc.com/online-privacy-policy/. By using the Website, you indicate that you understand and consent to the collection, use, and sharing of your information in accordance with the Privacy Policy.

Mobile Devices
The Website and/or Services may include certain services that are available via a mobile device, including the ability to browse the Website from a mobile device. To the extent you access the Website and/or Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, not all Services may work with all carriers or devices.

Copyright Agent
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website or Services in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Indemnification
You agree to defend, indemnify and hold harmless Hercules its affiliates and their respective directors, members, officers, employees, agents, suppliers, service providers, vendors, successors and assigns from and against any losses, damages, claims, liabilities and costs (including without limitation reasonable attorneys’ fees) directly or indirectly arising out of or related to your breach of these Terms & Conditions, including any unauthorized or otherwise inappropriate use of any of the content or information on the Website or the Services, in whole or in part.

DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCE, TAX, INVESTMENT, LEGAL, OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE SERVICES, OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS & CONDITIONS OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR THE SERVICES.

Applicable Laws
We control and operate the Website from our offices in California. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Those who choose to access this Website outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.

Governing Law
The Terms & Conditions, and the relationship between you and us, shall be governed by the laws of the state of California, without regard to its conflicts of laws provision. Except as otherwise agreed in writing by us, you agree that any cause of action that may arise under the Terms & Conditions shall be commenced and be heard in the appropriate courts located in Santa Clara County, California and you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Santa Clara County, California for the purpose of resolving any dispute relating to your use of the Website and/or the Services. . Our failure to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions remain in full force and effect. Notwithstanding the foregoing, you expressly acknowledge and agree that we may seek injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.

Changes to these Terms & Conditions
These Terms & Conditions 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. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms & Conditions, in whole or in part, at any time. Changes in the Terms & Conditions will be effective when posted. The revised Terms & Conditions will be posted on the appropriate portion(s) of our Website and will indicate at the bottom when it was most recently updated. In the event any provision of these Terms & Conditions is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms & Conditions 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 & Conditions. Your continued use of the Website and/or the Services made available on or through the Website after any changes to the Terms & Conditions are posted will be considered acceptance of those changes.

How to Contact Us
If you have any questions or concerns about these Terms & Conditions or its implementation, please contact us at privacy@htgc.com.

These Terms & Conditions were last updated on August 28, 2023.