Terms of use

March 25, 2024

Terms of Use

1. Acceptance of Terms
Victory Sports Performance (“VSP”, “we”, “us”, or “our”) welcomes you to our website. By accessing this website, including accessing the information available on the website, you acknowledge that you have read, understand, and agree to be legally bound by these website Terms of Use, the terms and conditions of VSP’s Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”), all applicable laws and regulations, and agree that you are responsible for complying with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website.

We also reserve the right to change the content of this website, including these Terms of Use, at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this website following the posting of revisions or changes to content, including, without limitation, these Terms of Use, means that you accept all such revisions and changes. Any use of this website or any content in a manner inconsistent with these Terms of Use is deemed unauthorized access and may subject the user to civil or criminal penalties.

2. Use of Materials
VSP grants you a limited, non-exclusive license solely to print information from this site, to store such information on your personal computer, and to use such information only for your personal, non-commercial use, and not for any redistribution, in each case subject to these Terms of Use and provided the website is not used for any unlawful purpose. You will not access or use the website to collect any market research for a competing business. You will not interfere with or attempt to interrupt the proper operation of the website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the website through hacking, password or data mining, or any other means. We reserve the right, in our sole and absolute discretion, to deny you access to the website, or any portion of the website, without notice.

3. Intellectual Property
The website contains material, such as software, text, graphics, images, and other material provided by or on behalf of VSP that may be owned by us or by third parties. Such content may be protected under both United States and foreign laws. Unauthorized use of the content may violate copyright, trademark, and other laws. You have no rights to such content, and you will not use the content except as permitted under this Agreement.
The trademarks, service marks, and logos of VSP used and displayed on the website are registered and unregistered trademarks or service marks of VSP. Other company, product, and service names located on the website may be trademarks or service marks owned by others. Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use such trademarks, without our prior written permission specific for each such use.

4. No Offers or Advice
You acknowledge that the content of the website is for general, informational purposes only and is not intended to constitute an offer to sell or buy any securities or other assets or promise to undertake or solicit business, and may not be relied upon in connection with any offer or sale of securities or other assets. Any such offer or solicitation will be made only through a final private placement memorandum, subscription agreement, and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor. VSP makes no representations that any information provided via the website is accurate, current, or complete. You are solely responsible for evaluating the risks and merits regarding the use of the website and any services provided herein.
VSP does not utilize the website to provide investment or other advice, and nothing on the website is to be deemed a recommendation that you buy, sell, or hold any security or other investment or that you pursue any investment style or strategy. If you would like investment, accounting, tax, or legal advice, you should consult with your own advisors with respect to your individual circumstances and needs.

Any performance data or comments expressed on the website, if any, are an indication of past performance. Past performance is not indicative of future results; no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
The contents of the website may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, VSP itself, or its investments. These statements are not guarantees of future performance and involve certain 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, we undertake no obligation to update, amend, or clarify forward-looking statements, whether as a result of new information, future events, or otherwise.

5. Links
VSP’s website may contain links to third-party websites. These links are provided solely as a convenience to you. We have not reviewed these third-party websites, are not responsible for the contents of any such linked site, and the inclusion of any link does not imply endorsement by us of the site. You agree that you understand that linked sites may, among other things, contain incomplete or inaccurate information, may be less secure or may not protect your privacy. Use of any such linked website is at the user’s own risk.

6. Disclaimers and Limitations of Liability
THE INFORMATION AND MATERIALS ON VSP’S WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, VSP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE INFORMATION OR MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH INFORMATION OR MATERIALS OR ON ANY SITES LINKED TO THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS CONTENT ARE NOT INVESTMENT ADVICE.
IN NO EVENT SHALL VSP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Indemnity
You agree to indemnify and hold VSP, the general partners and their respective affiliates, and its and their respective officers, agents, and employees, as well as their licensors and other third parties with which they contract, harmless from and against any and all claims, demands, actions, costs and/or expenses (including reasonable attorney’s fees and costs) incurred by or against such persons or entities arising out of or resulting from your use of this website or any content, your violations of these Terms of Use, and/or your violation of any rights of a third party.

8. Compliance with Applicable Laws
Any claim relating to VSP’s website shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. As the website is based in the United States, we make no claims concerning whether the website content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the website or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

9. Communications and Submissions to Us
Although we encourage you to contact us, you acknowledge and agree that any communication or material you transmit to this website or to VSP in any manner and for any reason, will not be treated as confidential or proprietary, unless we specifically request it to be. Furthermore, with respect to unsolicited communications that you send us, including but not limited to, feedback, questions, comments, suggestions, and the like, you acknowledge and agree that any materials you transmit to us may be used by us anytime and for any reason whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

10. Revisions and Errata
The information and materials appearing on VSP’s website could include technical, typographical, or photographic errors. We do not warrant that any of the information or materials on its website are accurate, complete, or current. We may make changes to the information and materials contained on its website at any time without notice. We do not, however, make any commitment to update the information or materials.

11. Miscellaneous
If any of these Terms of Use are deemed invalid, void, or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining terms and conditions. Any court of competent jurisdiction or arbitrator agreed to by the parties shall have the authority to reform any such invalid, void, or unenforceable term or condition to the minimum extent necessary so that such term or condition is valid and enforceable.