Last Updated: (July 2025)
Welcome to the Certain Capital website. These Terms and Conditions of Use (“Terms”) govern your access to and use of Certain Capital’s website (the “Site”). By accessing or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any of these Terms, you should not use this Site. Certain Capital Investments, LLC, Certain Capital Advisors, LLC, and Certain Capital Management, LLC (collectively, “Certain Capital” or “we”) reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.
For purposes of these Terms, “Site” includes all website content, features, functionality, and services provided on or through www.certaincapital.com. If you have any other agreements directly with Certain Capital (for example, an investment subscription agreement, private placement memorandum, operating agreement or a nondisclosure agreement), those agreements will govern to the extent they expressly conflict with these Terms.
No Offer, Solicitation or Investment Advice
The content and materials on this Site are provided for general informational purposes only and do not constitute professional advice of any kind (including investment, legal, tax, or accounting advice). Nothing on this Site is intended as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, investment product, or trading strategy. Under no circumstances should any information or materials presented on the Site be used or considered as an offer to buy or sell any interest in any investment fund or account managed by Certain Capital. Any such offer or solicitation can only be made by means of the applicable confidential offering documents (such as a private placement memorandum and related subscription materials) and only in jurisdictions where permitted by law, and only to those investors who satisfy the suitability and eligibility requirements for the investment (such as accredited or qualified investors).
All information provided on the Site is impersonal and not tailored to any specific investor’s circumstances. Certain Capital is not utilizing the Site to provide investment or other advice, and no content or data on the Site should be construed as a recommendation to make (or refrain from making) any investment decision. You alone are solely responsible for evaluating the merits and risks associated with the use of any information on the Site before making any decisions based on such information. We strongly encourage you to consult with your own financial advisors, legal counsel, or tax professionals with respect to your individual situation before acting on any information found on this Site.
Regulatory Status: Certain Capital Investments, LLC is registered with the U.S. Securities and Exchange Commission. However, SEC registration does not imply any specific level of skill or training, nor does it constitute an endorsement by the SEC. The Site content has not been reviewed or approved by any regulatory authority. Moreover, investments managed by Certain Capital are not insured by the FDIC or any other government agency, are not bank deposits, and are subject to investment risks including possible loss of principal.
Use of the Site and Restrictions
Permitted Use: Subject to these Terms, Certain Capital grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal or internal business use. You agree to use the Site only for lawful purposes and in accordance with these Terms.
Prohibited Conduct: When using our Site, you agree not to:
We reserve the right (but do not assume any obligation) to monitor the use of our Site and to enforce these Terms. Certain Capital may, in its sole discretion, take appropriate action against any use of the Site that violates these Terms or is otherwise unauthorized, including suspending or terminating your access to the Site (with or without notice) and/or pursuing any other remedies available under law.
Intellectual Property and Ownership
Proprietary Content: The Site and all content, information, and materials featured or displayed on the Site (including but not limited to text, graphics, photographs, logos, trademarks, videos, audio clips, software code, design, layout, and arrangement of the Site) are owned by or licensed to Certain Capital, its affiliates, or other third parties and are protected by copyright, trademark, trade secret, and other intellectual property laws. All Certain Capital names, logos, and taglines appearing on the Site are trademarks or service marks owned by Certain Capital (collectively, the “Certain Capital Marks”). Other product and company names mentioned on the Site may be the trademarks of their respective owners.
Limited License: Certain Capital grants you a limited right to access and use the Site content for personal, informational, and non-commercial use only. This limited license is subject to these Terms and does not allow you to do any of the following: (a) No modification or derivative use – you may not modify, reproduce, distribute, or create derivative works based on the Site or any content on it; (b) No commercial use – you may not use the Site or its content for any public or commercial purpose (for example, you cannot copy or display Site content on another website or in any form of publication for profit); (c) No removal of notices – you must not remove or obscure any copyright, trademark, or other proprietary notices on the Site or content; (d) No data mining or extraction – except as expressly permitted, you may not scrape, data mine, or use any automated program to collect content or information from the Site (as noted above); (e) No license to trademarks – nothing in these Terms or on the Site shall be construed as granting any license or right to use any Certain Capital Marks or third-party trademarks displayed on the Site without the prior written permission of the respective owner.
Any use of the Site or its content other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited. If you wish to use certain content from the Site in a manner not expressly permitted by these Terms, please contact us to request permission (which we may grant or deny in our discretion). Certain Capital reserves all rights not expressly granted to you. No rights or licenses are granted to you by implication, estoppel, or otherwise under any intellectual property rights owned or controlled by Certain Capital or its licensors, except for the limited license expressly described above.
Please be advised that Certain Capital will enforce its intellectual property rights to the fullest extent of the law. This may include seeking legal remedies (such as injunctive relief and damages) against users who improperly use our content or Marks.
Third-Party Websites and Links
The Site may contain links to or references to external websites operated by third parties (“Third-Party Sites”). These links are provided for your convenience or informational purposes only. Certain Capital has not necessarily reviewed the Third-Party Sites and is not responsible for the content, products, services, or practices of any linked website or any link contained in a linked website. We do not endorse or make any representations about any Third-Party Sites, or any information, software, or other products or materials found there, or any results that may be obtained from using them.
Your Use of Third-Party Sites: If you decide to access any Third-Party Sites linked from our Site, you do so at your own risk. Those websites are governed by their own terms and policies (including privacy policies), which may differ significantly from ours. We strongly encourage you to review the terms and privacy policies of any Third-Party Site before providing any personal information or engaging in any transactions. Certain Capital shall not be responsible or liable for any loss or damage that may arise from your use of Third-Party Sites or your reliance on any content, advertising, products, or other materials on or available from such sites.
Please note that any dealings you have with third parties (including advertisers or partners) found on or through the Site are solely between you and the third party, and you agree that Certain Capital is not liable for any loss or claim you may have against any such third party.
No Warranty; Disclaimers
“As Is” Information: The Site (including all content, materials, and information made available on or accessed through the Site) is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind. Certain Capital and its affiliates, officers, employees, and agents make no representation or warranty of any kind, express or implied, regarding the Site or the content therein. To the fullest extent permitted by law, we disclaim any and all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and reliability. We do not warrant that the Site will be uninterrupted, error-free, or secure, that any defects will be corrected, or that the Site or the servers that make it available will be free of viruses or other harmful components.
No Guarantee of Accuracy or Completeness: While we attempt to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, timeliness, or usefulness of any information on the Site. The information and materials on the Site may be incomplete, may contain errors, or may become out of date. Certain Capital is under no obligation to update any content on the Site, and any opinions or viewpoints expressed are subject to change without notice. All content on the Site is provided with the understanding that Certain Capital is not rendering professional advice or services to you.
No Responsibility for Technical Issues: You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Site is free of viruses or other harmful code. We are not liable for any damage to your computer system or loss of data that results from the download or use of the Site or any content.
Because some jurisdictions do not allow the exclusion of certain warranties, these exclusions may not apply to you. In such jurisdictions, our warranties are limited to the extent permitted by law.
Limitation of Liability
Indirect Damages: To the maximum extent permitted by law, Certain Capital and its affiliates, and their respective officers, directors, partners, employees, agents, and representatives, shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to your access to or use of (or inability to use) the Site or any materials or content on the Site. This includes, without limitation, any damages for lost profits, lost opportunities, business interruption, loss of data, damage to your computer system, or any other commercial or personal damages or losses, even if we have been advised of the possibility of such damages.
Exceptions: Nothing in these Terms shall limit or exclude liability for Certain Capital’s own gross negligence, fraud, or intentional misconduct, or for any other liability that cannot be excluded or limited under applicable law. However, in jurisdictions that permit liability limitations, our liability is limited to the fullest extent allowed by law.
Your Responsibility: You assume all responsibility for your use of the Site. This includes your responsibility to comply with all laws and regulations applicable to you and your use, and your responsibility for any damage or loss that you may cause to yourself, to the Site, or to any other parties as a result of your use of the Site or violation of these Terms. You agree that if you are dissatisfied with any portion of the Site, or with any provision of these Terms, your sole and exclusive remedy is to discontinue using the Site.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such jurisdictions, the liability of Certain Capital and its affiliates is limited to the greatest extent permitted by law.
Forward-Looking Statements
No Guarantee of Future Performance: The Site may contain forward-looking statements, projections, or other statements regarding future events or future financial performance of Certain Capital or its investments. These forward-looking statements are based on our current assumptions, expectations, and beliefs, which are subject to risks and uncertainties. Such statements are not guarantees of future results or performance. A variety of factors, many of which are beyond Certain Capital’s control, could cause actual results to differ materially from those expressed or implied by any forward-looking statements on the Site. Such factors may include, among others, general economic conditions, market fluctuations, changes in regulatory environments, the outcome of ongoing investment decisions, and other risks described in the offering documents of our investment funds.
Certain Capital undertakes no obligation to update or revise any forward-looking statements on the Site to reflect events or circumstances after the date such statements are made, except as required by law. You should not place undue reliance on forward-looking information, and you should consider the inherent uncertainties and risks in any investment or strategy discussed on the Site.
Past Performance
Any performance data, case studies, or investment examples presented on the Site are historical in nature and are provided for informational purposes only. Past performance is not indicative of nor a guarantee of future results. Any projections, targets, or estimates on the Site are forward-looking statements and are based on Certain Capital’s assumptions and subject to risks (as noted above). There can be no assurance that any fund, investment, or strategy will achieve comparable results to those presented or that target returns will be met. All investments involve risk, including the potential loss of principal. You should not assume that any investment strategies or opportunities discussed on the Site will be profitable or that they will not result in losses.
We caution you that any references to performance on the Site may not reflect the deduction of fees, expenses, or carried interest, and the actual returns experienced by investors will be lower after such costs. Additionally, any testimonials or statements of opinion provided on the Site (if any) are not representative of all clients or investors, and it is not a guarantee that future clients/investors will experience the same or similar outcomes.
Indemnification
You agree to indemnify, defend, and hold harmless Certain Capital, its affiliated companies, and each of their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, losses, expenses, damages, and costs (including reasonable attorneys’ fees) resulting from or arising out of (i) your breach of these Terms, (ii) your use of or access to the Site, or (iii) your violation of any law or regulation or the rights of any third party in connection with your use of the Site. We reserve the right to assume, at our own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of such claim). This indemnification obligation will survive these Terms and your use of the Site.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or relating to the Site or these Terms (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any conflict of law principles that would cause the laws of another jurisdiction to apply.
By using the Site, you agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in the State of Delaware. You consent to the personal jurisdiction of such courts and waive any objections (including objections based on inconvenience) to the exercise of jurisdiction over you by such courts. Notwithstanding the foregoing, Certain Capital retains the right to bring proceedings against you in the courts of your country of residence or any other relevant jurisdiction, if necessary to enforce our rights.
Miscellaneous
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision shall be deemed severable from the rest of these Terms and shall not affect the validity or enforceability of the remaining provisions. The remaining provisions shall remain in full force and effect, except that the invalid provision will be interpreted so as to best accomplish its intent within the limits of applicable law (or, if that’s not possible, deemed replaced with an enforceable provision that comes closest to the intention of the parties).
No Waiver: Our failure to enforce any right or provision of these Terms shall not operate as a waiver of that right or provision, nor shall any single or partial exercise of a right preclude any other future exercise of that right or any other. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Certain Capital.
Entire Agreement: These Terms (together with our Privacy Policy and any other legal notices or terms expressly incorporated herein) constitute the entire agreement between you and Certain Capital regarding your use of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) regarding the Site. In the event of a conflict between these Terms and any other terms posted on the Site (e.g. terms specific to a particular feature or service), the more specific terms shall govern with respect to your use of that feature.
Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of Certain Capital. We may assign our rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law or otherwise. These Terms will inure to the benefit of and be binding upon each party’s permitted successors and assigns.
Headings: The headings used in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Site, you may contact us at info@certaincapital.com. You may also write to us at: Certain Capital, 7901 4th Street North, Suite 8828, St. Petersburg, FL 33702, USA.
By using the Site, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. Thank you for visiting Certain Capital’s website.