Terms of Use

Thanks for your interest in our Website at www.hurtcapital.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 Hurt Capital Inc. ("Hurt Capital"), which may provide administrative and other services to various Hurt Capital 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 and individuals that comprise our firm have their own separate legal existence. For example, an investment principal or investment fund may attribute performance to the firm, or resources may be held by a Hurt Capital subsidiary or affiliate or strategic partner. 

Materials

Except for certain Materials provided through a password protected area on this Website (see below), 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 Website 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 may 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 may 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. 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.

Disclaimer

The information contained on this Website reflect the opinions and projections of the author as of the date of publication, which are subject to change without notice at any time subsequent to the date of issue. Hurt Capital does not represent that any opinion or projection will be realized. All information provided is for informational purposes only and should not be deemed as investment advice or a recommendation to purchase or sell any specific security. While the information presented herein is believed to be reliable, no representation or warranty is made concerning the accuracy of any data presented.

Performance returns are estimated, have not been audited, and do not include cash. Past performance is not indicative of future results. Actual returns may differ from the returns presented. Reference to an index does not imply that Hurt Capital will achieve returns, volatility, or other results similar to the index. The total returns for the index do not reflect the deduction of any fees or expenses which would reduce returns.

Positions reflected on this website, in any letter or posting, or any model portfolio, do not represent all the positions held, purchased, or sold, and in the aggregate, the information may represent a small percentage of activity. The information presented is intended to provide insight into the noteworthy events, in the sole opinion of the author, affecting the author’s holdings.

THIS SHALL NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF AN OFFER TO BUY ANY INTERESTS IN ANY FUND MANAGED BY THE AUTHOR OR ANY OF ITS AFFILIATES. SUCH AN OFFER TO SELL OR SOLICITATION OF AN OFFER TO BUY INTERESTS MAY ONLY BE MADE PURSUANT TO DEFINITIVE SUBSCRIPTION DOCUMENTS BETWEEN A FUND AND AN INVESTOR.

All statements made regarding companies, securities or other financial information on this site or any sites or articles relating to Hurt Capital are strictly beliefs and points of view held by Hurt Capital and are subject to change without notice. Certain of the statements contained in Hurt Capital original content may be statements of future expectations and other forward-looking statements that are based on Hurt Capital’s current views and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Information contained in Hurt Capital content has been obtained from sources believed to be reliable, but is not guaranteed. This content has been displayed for informational purposes only and should not be considered as investment advice or a recommendation of any particular security, strategy or investment product. Any reference to a particular company or security is not an endorsement by Hurt Capital of that company or security or a recommendation by Hurt Capital to buy, sell or hold such security. Investors should determine for themselves whether a particular service, strategy, product or security is suitable for their investment needs or should seek such professional advice for their particular situation. All investment is subject to risk. 

THIS WEBSITE MAY CONTAIN HURT CAPITAL’S CURRENT VIEWS ON THE VALUE OF ONE OR MORE SECURITIES AND ACTIONS THAT MIGHT BE TAKEN TO ENHANCE THE VALUE OF THOSE SECURITIES. THE AUTHOR’S VIEWS ARE BASED ON ANALYSIS OF PUBLICLY AVAILABLE INFORMATION AND ASSUMPTIONS BELIEVED TO BE REASONABLE. THERE CAN BE NO ASSURANCE THAT THE INFORMATION CONSIDERED IS ACCURATE OR COMPLETE, NOR CAN THERE BE ANY ASSURANCE THAT THE AUTHOR’S ASSUMPTIONS ARE CORRECT. THE ACTUAL PERFORMANCE AND RESULTS OF THE COMPANIES DISCUSSED ON THIS SITE MAY DIFFER MATERIALLY FROM THE AUTHOR’S ASSUMPTIONS AND ANALYSIS. WE HAVE NOT SOUGHT, NOR HAVE WE RECEIVED, PERMISSION FROM ANY THIRD-PARTY TO INCLUDE THEIR INFORMATION ON THIS SITE. ANY SUCH INFORMATION SHOULD NOT BE VIEWED AS INDICATING THE SUPPORT OF SUCH THIRD PARTY FOR THE VIEWS EXPRESSED ON THIS SITE. 

HURT CAPITAL DOES NOT RECOMMEND OR ADVISE, NOR DOES HURT CAPITAL INTEND TO RECOMMEND OR ADVISE, ANY PERSON TO PURCHASE OR SELL SECURITIES AND NO ONE SHOULD RELY ON THIS SITE OR ANY INFORMATION CONTAINED HEREIN TO PURCHASE OR SELL SECURITIES OR CONSIDER PURCHASING OR SELLING SECURITIES. 

ALTHOUGH HURT CAPITAL MAY STATE IN THIS SITE WHAT THE AUTHOR BELIEVES SHOULD BE THE VALUE OF CERTAIN SECURITIES, THIS SITE DOES NOT PURPORT TO BE, NOR SHOULD IT BE READ, AS AN EXPRESSION OF ANY OPINION OR PREDICTION AS TO THE PRICE AT WHICH SUCH SECURITIES MAY TRADE AT ANY TIME. THE AUTHOR’S VIEWS AND HOLDINGS OF THE SECURITIES MENTIONED ON THIS SITE COULD CHANGE AT ANY TIME. THE AUTHOR MAY SELL ANY OR ALL OF THE MENTIONED HOLDINGS OR INCREASE THOSE HOLDINGS BY PURCHASING ADDITIONAL SECURITIES. THE AUTHOR MAY TAKE ANY OF THESE OR OTHER ACTIONS REGARDING ANY OF SUCH SECURITIES WITHOUT UPDATING THIS SITE OR PROVIDING ANY NOTICE WHATSOEVER OF ANY SUCH CHANGES. 

INVESTORS SHOULD MAKE THEIR OWN DECISIONS REGARDING THE COMPANIES MENTIONED ON THIS SITE AND THEIR PROSPECTS WITHOUT RELYING ON, OR EVEN CONSIDERING, ANY OF THE INFORMATION CONTAINED HEREIN.

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.

Password Protected Areas

Certain Materials may be made available through a password protected area on this Website. 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 Hurt 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 Hurt Capital individuals and business 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 Website, or as otherwise specified by a Hurt Capital 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, legal advice or an offer to provide such advice, or (iii) a basis for making any investment or legal decision. Except as expressly stated by a Hurt Capital entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Hurt Capital or its investment activities. 

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. Academic research shared on this website is subject to copyright laws. 

Ownership of Trademarks, Etc.

All text, photos, graphics, logos, content and other Materials on this Website are protected by Canadian, 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 Hurt Capital, its affiliates or their respective owners, and this Website grants no license to them. HURT CAPITAL and the BEANSTALK LEAF logo are among our trademarks in Canada, the United States and/or other countries. 

Trademarks related to our investment methodologies, venture capital activities, or value proposition as an investment and venture advisory firm include, but are not limited to: 

Founder Control™
Vision Control™
Control Advisory™
Enhanced Shareholder Value™
Enhanced Value Creation™
Enhanced Economic Efficiency™
Venture Advocacy™
Good Corporate Citizen Theory™
Globalize Your Vision™
Canadian Global Growth Program™

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 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 Website 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.

Privacy Policy.

We reserve the right to track visitors to, and usage of, this Website through "cookies" and similar techniques and to use any resulting information as we determine in our sole discretion.

Limitation of Liability

Except as specifically agreed by a Hurt Capital entity in writing, NO HURT CAPITAL INDIVIDUAL OR BUSINESS 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.

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

This Website is operated and controlled by Hurt Capital Inc. in Toronto, Canada. If it is illegal or prohibited in your country of origin to access or use this Website, then you should not do so. Those who choose to access this Website outside Canada 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 Website or the Materials, shall be governed in all respects by the laws of the Province of Ontario, without regard to conflicts of laws principles. Except as otherwise agreed in writing by the applicable Hurt Capital entities, any disputes relating to these Terms shall be resolved exclusively in the provincial or federal courts located in Toronto, Ontario. 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 Hurt Capital individuals and business 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.

©2016, Hurt Capital Inc. All Rights Reserved. All content is original and has been researched and produced by Hurt Capital Inc. unless otherwise indicated. No part of this content may be reproduced in any form, or referred to in any other publication, without the express written permission of Hurt Capital.