The website located at www.vensanacap.com
This Site has been designed for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or interests in any investment vehicle that may be referenced on the Site. Any such offer can only be made where lawful under and in accordance with applicable law. The information provided through this Site is for personal, non-commercial use and display. Vensana does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor. Investors are advised not to rely on any information contained in this Site in the process of making a fully informed investment decision. Vensana does not, and this Site does not intend to, render tax or legal advice. Vensana does 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.
This Site has been published in the United States for residents of the United States only. This Site is not intended for use by, or to provide any information to, investors outside of the United States, and such investors should not rely on any information or material appearing on the Site. Vensana reserves the right to require proof of residence from any user accessing the Site and requesting information from Vensana via e-mail. Investors outside of the United States may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. U.S. investors should be advised that not all investments discussed on this Site may be available in all states.
Vensana grants you a limited right to use the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site. You may not violate or attempt to violate the security of the Site.
News, views, opinions, recommendations and other information obtained from sources outside of Vensana are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Further, Vensana reserves the right to change or amend the information provided at any time and without prior notice.
There is no assurance that any securities discussed herein are, or will remain, in a Vensana-managed portfolio. Any such securities do not represent an entire fund or portfolio and it should not be assumed that they were or will be profitable, or that the investment recommendations or decisions Vensana makes in the future will be profitable or will equal the investment performance of such securities.
Vensana disclaims all warranties with respect to the Site that the law allows it to disclaim. The Site is provided “as is” and “as available.” We disclaim all representations and warranties, express or implied, of any kind with respect to the Site including warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and proprietary rights. Without limiting our general disclaimer, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the content, including with regard to financial results, based on the use of the information in or other uses of the Site. The use of the Site is at your own risk.
You are solely responsible for the security of your computer system, including, using and maintaining appropriate anti-Virus, firewall and backup software. Vensana disclaims any responsibility or liability for any problem with your computer systems, including any Virus (as defined below) that your computer systems receive as a result of your use of the Site. As used herein, “Virus” means: (i) program code or programming instruction or set of instructions that disrupt, disable, harm, interfere with, otherwise adversely affect or without authorization access or delete computer programs, data files or operations; or (ii) other code typically described as a virus or by similar terms, including a Trojan horse, worm or backdoor.
Limitation of Liability; Indemnification
Links to Third-Party Websites
Linked sites, “hypertext links,” and/or “hyperlinks,” to or from other Internet sites may be included at times as a convenience to the user. Vensana is not responsible for information on any third-party website that is referred in, accessible, or connected by hyperlink to, the Site. If you access any third-party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute, and should not be viewed to reflect, a third-party endorsement of, sponsorship by, or affiliation with us.
Unlawful or Prohibited Use and Monitoring
Vensana has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate. We may monitor and record activity on the Site for any reason or for no reason. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site, or take any other action that we deem appropriate.
Copyrights and Trademarks
The Site is owned by Vensana and the contents and structure of the Site are copyright protected. No information or data content contained on this Site, including any text (whether in full or in part), pictures or graphics, may be reproduced, transmitted, displayed, distributed, published or otherwise commercially exploited without the prior written consent of Vensana. “Vensana Capital”, “Capital Partners For Healthcare Entrepreneurs”, and the Vensana logo are service marks of Vensana Capital Management, LLC.
Product and company names mentioned herein may be the trademarks of their respective owners, and any commercial use or distribution, publishing or exploitation of such products, company names or trademarks is strictly prohibited unless you have received the prior written consent of the applicable rights holder. In the course of reproduction of any materials from the Site, whether lawful or otherwise, you may not remove any copyright, trademark, or other proprietary notice or legend contained on (or reproduced from) the Site. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You agree not to link directly to any image, graphic, text or other content on the Site, such as using an “in-line” linking method to cause the content to be displayed on another website, or to download or use images hosted on this Site for any purpose, including posting such images on another website, unless in each case you have received the prior written consent of Vensana. Vensana may require that any link to the Site be discontinued, and/or revoke your right and ability to link to the Site from any website at any time.
This Site permits you to communicate electronically by sending an e-mail message to Vensana and its employees. Vensana shall not be liable for any actions taken or any omissions to act as a result of any e-mail message you send to Vensana or its employees.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Arbitration Agreement carefully. It is part of your contract with Vensana and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER, and limits the manner in which you may seek relief from us.
- After the notice of a dispute is received, you and Vensana may attempt to resolve the claim or dispute informally. If you and Vensana do not resolve the claim or dispute within 30 days after the notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: email@example.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your company username (if any), the email address you used to set up your company’s account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Subject to section (h) in this Arbitration Agreement provision, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Vensana.
- Small Claims Court. Notwithstanding the foregoing, either you or Vensana may bring an individual action in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hennepin County, Minnesota, for such purpose.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Vensana makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Vensana at the following address: Vensana Capital Management, LLC, 3601 W. 76th Street, Suite 20, Minneapolis, MN 55435.