The Rise Fund Website Terms of Use

Last Updated: January 2023

We (the affiliated entities commonly referred to as “Rise”) appreciate your interest in us and your visit to our website (the “Site”) owned and operated by TPG. These Terms of Use (“Terms”) set forth the basic terms and conditions that govern your visit to and use of the Site.

By using the Site, you agree to be bound by these Terms and all disclaimers and terms and conditions that appear on the Site now or in the future. These Terms may be updated by us at any time. Your continued use of the Site after any such modifications constitutes your acceptance of the modified terms and conditions. If you do not agree to receive these legal notices and to abide by these Terms for any reason you agree that your sole and exclusive remedy is to discontinue using the Site.

Nothing contained in these Terms is intended to modify or amend any other written agreement you may have with us (“Other Agreements”), if any, which may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the Other Agreements will govern.

Your compliance with these Terms and all Other Agreements is a condition to your right to access the Site. Your breach of any provision of these Terms or Other Agreements will automatically, without the requirement of notice of other action, revoke and terminate your right to access the Site and you will be fully liable for conversion, misappropriation, trespass to chattels, and all other claims and causes, regardless of the identity of the claimant or injured party, arising from or relating to your continued use of the Site after such breach.

Privacy

For information on how TPG collects, uses, and discloses information from its users of the Site, please review our Website Privacy Policy. We may collect this information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain web sites. For more information on the types of Cookies used on the Site and how to disable Cookies, please review our Cookies Policy. Your use of the Site indicates your consent to the data practices stated in our Website Privacy Policy and our Cookies Policy.

No Offer or Advice

You acknowledge that the content of the Site 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. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and/or 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. Neither Rise nor TPG make any representations that any information provided via the Site is accurate, current, or complete. You are solely responsible for evaluating the risks and merits regarding the use of the Site and any services provided herein.

We are not utilizing the Site to provide investment or other advice, and nothing on the Site 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. Neither Rise nor TPG will treat users of the Site as its clients by virtue of their accessing the Site.

Past Performance

Any performance data or comments expressed on the Site 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.

Forward-­Looking Statements

The contents of the Site may contain forward-­looking statements, as defined by the Private Securities Litigation Reform Act of 1995 or within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. These statements are based on management’s beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, Rise itself or its investments. You can identify these forward-looking statements by the use of words such as “outlook,” “indicator,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “anticipate,” “optimistic,” “intend,” “plan,” “estimate,” “aim,” “will” or the negative version of these words or similar expressions. 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, neither Rise nor TPG undertake an obligation to update, amend or clarify forward-­looking statements, whether as a result of new information, future events or otherwise.

Risks and uncertainties regarding forward looking statements include, but are not limited to, those described under the section entitled “Risk Factors” in TPG’s annual reports on Form 10-K and quarterly reports on Form 10-Q filed with the Securities and Exchange Commission (the “SEC”), as such factors may be updated from time to time in TPG’s periodic filings with the SEC, which are accessible on the SEC’s website at www.sec.gov.

Site Contents

All content included on the Site, such as text, images, graphics, logos, articles and other materials, is the property of Rise, TPG or others and is protected by United States and international copyright and other laws. All trademarks and logos displayed on the Site are the property of their respective owners, who may or may not be affiliated with Rise or TPG. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content or trademark displayed on the Site without the written permission of Rise, TPG or such other third party that may own the content or trademark displayed on the Site. Nothing in these Terms shall constitute a waiver of any trademark or other intellectual property rights concerning name, logo or trademark. Please be advised that Rise and TPG may enforce their intellectual property rights to the fullest extent by law.

Historical Documents 

Through various portions of the Site, you may access historical documents that were published in the past. Please be advised that these documents may reflect information that, with the passage of time, has since changed. As an example, in May 2020, TPG and Sixth Street Partners completed a disaffiliation transaction and now operate as independent organizations. References on the Site or in any document contained on the Site to Sixth Street Partners or related branding are historical references only, used under license from Sixth Street Partners.

Restrictions on Use

The information, materials and other content of the Site may not be copied, displayed, distributed, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written consent of Rise or TPG. You agree not to: (a) “flood,” “spam,” “mailbomb” or overload the Site or otherwise take any action that may result in damage, impairment or overload of the Site’s infrastructure; (b) use any device, software or routine to attempt to interfere with the Site’s functionality or appearance; (c) data mine, data scrape or otherwise attempt to use any software, device, tool or technique (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site to harvest, extract or collect information from the Site; (d) attempt to decompile, disassemble or reverse-engineer the Site’s source code or software; (e) use the Site to violate anyone’s rights or 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 or do anything malicious, misleading, defamatory, libelous, abusive, fraudulent, deceptive or discriminatory; (f) assist or encourage violations of these Terms, the Website Privacy Policy or applicable laws or regulations; (g) use any hidden text or metatags using “The Rise Fund,” “TPG,” or any of our trademarks, service marks or names without our prior written consent or (h) violate or attempt to violate the security of the Site (including without limitation, accessing user accounts, servers or data without authorization, probing or testing the vulnerability of the Site’s authentication measures, security or system infrastructure without proper authorization, or otherwise interfere with service to any user, host or network).Our prior permission is required for (i) any commercial use of materials on the Site; (ii) making more than minimal copies of Site materials; and (iii) copying large portions of our Site, such as by bots, robots or spiders that “harvest” the Site. If you seek permission for such use of our Site, please contact us at website@tpg.com. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The permission to use the Site granted by this terms of use automatically terminates if you breach any of the terms and conditions contained herein.

Notification to TPG

If you believe that anything posted on the Site infringes any intellectual property right that you own or control, please provide TPG with the following written information:

  1. Name, address, telephone number, e­mail address and physical or electronic signature of the rights holder, or someone authorized to act on the rights holder’s behalf;
  2. A description of the intellectual property that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the Site, with enough detail that TPG may find it;
  4. A written statement that you have a good faith belief that the disputed use is not authorized by the rights holder, its agent or the law; and
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf.

TPG’s agent for notice of claims of intellectual property right infringement on the Site can be reached by e­mail at website@tpg.com.

Select Portfolio Investments

Articles accessible through the Site (the “Articles”) may contain descriptions and analysis for select Rise portfolio investments, and do not contain analysis for all Rise portfolio investments. No assumptions should be made that these investments were or will be profitable. Not all Rise portfolio investments had or have the characteristics, prospects, performance or projected successes highlighted in the Articles. Past performance should not be relied upon as an indication of future results.

Source of Information

Certain information contained in the Articles was obtained from published and non­published sources, including from companies in which funds we advise have invested. Such information may not have been, and in many cases, has not been, independently verified by Rise or TPG and neither Rise nor TPG assume responsibility for the accuracy of such information (or for updating the Articles based on facts learned following its publication). The analyses contained in the Articles represent the respective author’s opinion on the date of the Article’s publication and these assessments were not independently verified.

Modifications to Content

We may, at our discretion, modify or discontinue any of the content of the Site, or any portion thereof, with or without notice. For this reason, each time you use the Site, you should visit and review the then-current Terms that apply to your use of the Site.

Links to or from Other Websites

The Site may contain links to, or may be linked from, other sites that are not maintained by us and to which we have not provided permission. We do not endorse, have any responsibility for, or make any representations about, any other sites, including their products and services, content, communications and website use policies. Neither Rise nor TPG have reviewed the contents of these third­-party websites nor do Rise or TPG claim any responsibility for the content or suitability of these third-party websites and neither Rise nor TPG make any express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. The use of third-party websites is entirely at your own risk. We expressly disclaim any responsibility for your access to or use of such other sites. By accessing these links, you acknowledge that such other sites or locations are not under the control of Rise or TPG and you agree that neither Rise nor TPG shall be responsible for any information or additional links found at such site or location, or for your use of such information.

TPG Social Media (Twitter, LinkedIn, YouTube & Instagram)

The information on these pages (https://twitter.com/tpg, https://twitter.com/TPGglobal, https://www.linkedin.com/company/tpg-capital/, https://www.youtube.com/channel/UCo8p2iF_I5p-Wr2_MQlzedw, www.instagram.com/therisefund, https://www.tpgrefinance.com, https://www.texpac.com/, https://twitter.com/tpgsocial, https://www.facebook.com/tpgglobal/, https://www.instagram.com/tpginvestments/, https://www.instagram.com/tpgholdings, https://vimeo.com/user52190696, https://twitter.com/therisefund?lang=en, https://www.healthcare.tpg.com, https://www.facebook.com/the-rise-fund-459683131088101/, https://www.therisefund.com/, https://www.facebook.com/tpg-capital, https://twitter.com/tpgcapital?lang=en, https://www.software.tpg.com, https://pace.tpg.com/, https://www.software.tpg.com, https://pace.tpg.com/) and any other pages that TPG may create from time to time, is for informational purposes only. Nothing on or within these pages constitutes an offer to sell, or a solicitation of an offer to buy, any security or product of Rise, TPG or any TPG-managed fund. Neither Rise nor TPG are responsible for any content posted by third parties on these pages.

Confidentiality

All information available through the restricted area of the Site is confidential and proprietary to us. This includes all investment information and results, offering materials, financial statements and other information provided through this part of the Site.

You will use your best efforts to keep all this information strictly confidential. You will not disclose any of this information to any person or use it for any purpose other than as strictly permitted by us, in writing.

Login I.D. and Passwords

Access to specific areas of the Site may require the use of a Login I.D. and associated password. If you have a Login I.D. and password, you are responsible for the activities which occur in connection with their use and are to take steps to protect them from misuse. If you become aware of any unauthorized use of, loss or theft of your Login I.D. or password, you shall immediately inform TPG at website@tpg.com.  Neither Rise nor TPG will be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of the Terms.

Accessibility

Rise and TPG strive to provide individuals with disabilities with equal access to its programs and activities, including through an accessible website.  If you have questions, comments, or encounter any difficulty in using the Site, please contact us at website@tpg.com.

Disclaimer

SITE, ALL INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE SITE AND ALL SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED AS IS; AS AVAILABLE AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, RISE AND TPG DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON­INFRINGEMENT.

Limitation of Liability

BY USING THE SITE, YOU ACKNOWLEDGE: (1) THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE; AND (3) THAT NEITHER RISE NOR TPG SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF RISE OR TPG HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RISE OR TPG BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE OR OTHER COMPUTER MALFUNCION EVEN IF RISE OR TPG ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. NONE OF RISE, TPG OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSION IN THE CONTENT THEREOF. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT. RISE AND TPG RESERVE THE RIGHT TO ALTER OR REMOVE THE CONTENT OF THE SITE OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

Governing Law

You agree that your use of the Site and any disputes relating to any of them shall be governed in all respects by the laws of the State of New York, without giving effect to its conflict of laws principles. The failure of Rise or TPG to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Rise’s or TPG’s rights with respect to such breach or any subsequent breaches.

Class Action Waiver

You agree that if any dispute should arise between you and Rise or TPG, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.

Arbitration Agreement

You, Rise and TPG mutually agree that any dispute of any kind arising out of the Terms, our Website Privacy Policy, or your use of the Site will be resolved through binding arbitration pursuant to the American Arbitration Association (“AAA”) in accordance with AAA Commercial Arbitration Rules (www.adr.org/commercial) and Supplementary Procedures for Consumer-­Related Disputes (www.adr.org/consumer). Any claim must be brought on an individual basis and seek no class relief. This section shall also be construed as a written agreement to arbitrate a dispute of any kind between you and Rise or TPG that may arise out of the Terms, our Website Privacy Policy, or through the use of the Site. You agree with us that this section satisfies the writing requirement of the Federal Arbitration Act. The hearing shall be conducted in the county of your residence. For any claim in which you seek US $10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator decides the dispute without a hearing. For those claims that the arbitrator determines are not frivolous, TPG will pay the costs and fees of the arbitration and the arbitrator and will not seek reimbursement from you. This section shall not apply to disputes that are not arbitrable by law.

Severability

If any provision of these Terms is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions.

Complete Agreement

These Terms and our Website Privacy Policy constitute the entire agreement among you, Rise, and TPG relating to the public facing elements of the Site and your use of these portions of the Site, and supersede any prior agreements or understandings not incorporated herein with regards to these portions. Certain restricted areas of the Site may require you to agree to supplemental terms and conditions. These Terms are not intended to modify or amend Other Agreements you may have with Rise or TPG regarding other matters.

International Use

The Site is operated and controlled by us in the United States. Due to the global nature of the Internet, the Site may be accessed by users in countries other than the United States. We make no warranties that materials on the Site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations. You agree to comply with all local laws, rules and regulations including, without limitation, all laws, rules and regulations in effect in the country in which you reside and the country from which you access the Site. The information on the Site is 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 Rise, TPG or its affiliates to any registration requirement within such jurisdiction or country. Any offer for any matter made on the Site is void where prohibited.

Termination

Notwithstanding anything in these Terms or on the Site, Rise and TPG reserve the right, without notice and in thier sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site or any other site operated by TPG.

Contact Information

Thank you for visiting our Site. Please contact us at website@tpg.com if you have any questions about our Site or these Terms. Electronic mail or other communications through the Site to TPG (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.