Terms of Service

Thank you for your interest in our Website at www.Finova-Capital.com (the “Website”). 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 Finova Capital Ltd., the general partner of Finova Capital LP (“Finova Capital”), a hedge fund directed to accredited investors focused on ventures, tokens, and projects related to blockchain and other distributed ledger technologies, digital currencies and crypto assets.

Materials 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, 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 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 often 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. Materials may become outdated and we make no commitment to update the Materials.

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.

No Offer, Solicitation or Advice Except otherwise specified by Finova Capital 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, legal, tax or other advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by Finova Capital in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of Finova Capital or its investment activities. This Website is NOT directed to, and should not be used by, potential retail (non-accredited) investors or any “U.S. PERSON” as defined under regulations promulgated under the U.S. SECURITIES ACT OF 1933.

Subscription for a limited partnership interest in Finova Capital will only be made on the basis of a private placement memorandum (and/or other applicable offering documents) (the “Offering Documents”), which includes written disclosure about Finova Capital and the identification and description of applicable risk factors, and which should be carefully reviewed and considered independently by each prospective investor. Subscription for interests in Finova Capital will only be available to sophisticated and experienced prospective investors, to whom such subscription does not require publishing a prospectus, registration statement or similar document and which will not be considered to be a public offering, under the securities laws of any applicable jurisdiction and who are not prohibited to participate in the offering according to the Offering Documents.

Risk Factors An investment in Finova Capital presents significant risks and may result in the entire loss of an investment in Finova Capital or loss of a substantial part thereof. Such risks include ,but are not limited to, volatility – large swings in the market value of crypto assets can occur and make them a highly volatile investment; lack of regulatory approval and oversight – crypto investment funds will continue to come under heavy scrutiny from regulators for the foreseeable future, with authorities around the world (including the US Securities and Exchange Commission) cracking down on cryptocurrencies; lack of central bank involvement – there is no governing institution or exchange presiding over crypto assets, whereby financial intervention or controls could be implemented if the market becomes out of balance as with traditional currencies; failure of cyber security controls – the  assets of Finova Capital and the related Blockchain technology may be exposed to attacks or exploited by hackers or other individuals that could result in theft or loss of such assets; difficulty to liquidate assets  – the ability of Finova Capital to sell its assets depends in large on digital currency exchanges operated by third-party service providers, which have in the past closed due to surge in usage, fraud, criminal activities and failure or security breaches. There is no guarantee that Finova Capital will achieve its investment objective. Furthermore, restrictions on liquidity may, and are likely to be, applied with respect to an investment in Finova Capital.

Forward-Looking Statements Materials may include forecasts, estimates, assessments and other information pertaining to future events and/or matters whose materialization is uncertain and which may constitute forward-looking information. Such information may not materialize, in whole or in part, or may materialize in a manner significantly different than forecast or expected. Any past performance information is not indicative of future results.

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. You may not modify the materials at this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purposes.

IP Rights “Finova Capital” and “Finova-Capital.com” are trademarks and trade names of Finova Capital. All page headers, logos, graphics and icons are proprietary. The Website may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Website’s page layout, underlying code and software we refer to all of these as “Content”.

All of the Content is the property of Finova Capital, our affiliates or third parties with whom we do business, and this means that it is protected by applicable intellectual property laws and other relevant laws. You may not copy, imitate or use any of Finova Capital’s intellectual property, without our prior written consent.

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 of any confidential or proprietary information or other materials in the absence of our express written agreement to do so.

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 Finova Capital in writing, NO FINOVA CAPITAL INDIVIDUAL, ENTITY OR AFFILIATE 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 Finova Capital Ltd. in Israel. 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 Israel, 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 State of Israel, without regard to conflicts of laws principles. Except as otherwise agreed in writing by Finova Capital, any disputes relating to these Terms shall be resolved exclusively in the state courts located in Tel-Aviv, Israel. 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 Finova Capital individuals and entities are intended to be 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.

Certain terms and phrases of customary usage within the private equity industry may be misleading to those unfamiliar with such usage. In particular, individuals who participate in the management of a fund often are referred to, in a colloquial sense, as “general partners” or “managing partners” even though they are not actually general/managing partners of any partnership. It is not intended that the Fund will have any general partner other than Finova Capital Ltd.

Contact Information. Any questions, concerns or complaints regarding these Terms of Service should be sent to: contact@finova-capital.com.

This page was updated on: December 16, 2018


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